Workplace Law Blog
Knowledge Centre

Efficacy of Vaccines leading to decision to not grant cease and desist order

February 2, 2022

A recent arbitral decision provides hints at the analysis that the court may ultimately undergo if faced with a challenge to a mandatory vaccination policy. In Canada Post Corporation and Canadian Union of Postal Workers the arbitrator was asked to issue a cease and desist order in relation to the employer’s mandatory vaccination policy. The employer’s mandatory vaccination policy required all employees to attest to having been vaccinated, failing which they would be put on unpaid leave. As an alternative to vaccination, the union proposed self-administered antigen tests prior to each shift. In denying the union’s application, the arbitrator considered expert evidence with respect to the efficacy of vaccines versus testing. That evidence established as follows:

  • Vaccination is safe and effective.
  • There is “significantly lower” risk of becoming infected with COVID-19 if a person is vaccinated.
  • Vaccination represents the most effective strategy to reduce transmission in a workplace such as Canada Post.
  • Rapid antigen testing is a better diagnostic test than screening tool.
  • Rapid antigen testing cannot be considered equivalent to vaccination as a means of reducing transmission.
  • The ideal frequency of testing is unknown and early infection might not be detected with rapid antigen testing.
  • The sensitivity of a rapid antigen test might be compromised if conducted by an untrained employee and not by laboratory or health care professions.

This is the first decision to have considered expert evidence regarding COVID 19 vaccines and their efficacy in controlling the transmission of the virus in comparison to other measures such as testing. The expert evidence relied on in this decision demonstrated that vaccination is the most effective strategy to reduce transmission in workplaces. Evidence such as this will likely continue to be relied upon to justify mandatory vaccination policies.

Still have questions about vaccinations in the workplace? Contact Rose Keith, QC at [email protected] or check out our Resource Hub here for even more resources, articles and downloads.

Tags

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: February 2, 2022.

©Harper Grey LLP 2022

 

Related

Lesley Russel presents to group of investment planners on wills and estates
Lesley Russel presents to group of investment planners on wills and estates Lesley Russel presents to group of investment planners on wills and estates
The Consequences of Sexual Harassment in the Workplace
The Consequences of Sexual Harassment in the Workplace The Consequences of Sexual Harassment in the Workplace
Harper Grey shortlisted as Canadian Insurance Law Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Insurance Law Firm of the Year by Benchmark Canada 2024
Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada
Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada
Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024
Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024 Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Health Law/Medical Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Health Law/Medical Firm of the Year by Benchmark Canada 2024
Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes
Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes
Harper Grey shortlisted as Canadian Construction Law Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Construction Law Firm of the Year by Benchmark Canada 2024
Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?”
Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?” Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?”
Canada’s Modern Slavery Act
Canada’s Modern Slavery Act Canada’s Modern Slavery Act
Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?”
Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?” Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?”
Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict
Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict
Harper Grey shortlisted for five Benchmark Canada 2024 Awards
Harper Grey shortlisted for five Benchmark Canada 2024 Awards Harper Grey shortlisted for five Benchmark Canada 2024 Awards Harper Grey shortlisted for five Benchmark Canada 2024 Awards
Michael Robinson guest lectures at Langara College
Michael Robinson guest lectures at Langara College Michael Robinson guest lectures at Langara College
Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities
Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities
arrow icon

Subscribe