Canadian Lawyer

April 2021

The most widely read magazine for Canadian lawyers

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The information contained in this article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of March 2021 and applies only to Ontario, Canada or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the article is prepared, but it may become outdated as laws or policies change. For clarification or for legal or other professional assistance, please contact Sherrard Kuzz LLP. At Sherrard Kuzz LLP we collaborate with our clients to anticipate and avoid human resources problems. We know proactive steps today will prevent Murphy's Law tomorrow. From human rights to health and safety, and everything in between… If you're an employer, we're the only call you need to make. | 416.603.0700 250 Yonge St #3300, Toronto, ON M5B 2L7 @sherrardkuzz 24 HOUR 416.420.0738 influenza vaccination policy was found to be reasonable. While the respective vaccination policies differed slightly in each deci- sion, they shared the following common features: • they were implemented in the health-care sector and, in most cases, applied to health-care workers who provided direct care to vulnerable populations • in the event of an outbreak of influenza, an employee was not permitted to work unless vaccinated or the employee had begun an anti-viral prophylaxis regimen (and remained out of the workplace for a specified period of time after beginning the regimen) • an employee not permitted to work was excluded from the workplace only for the duration of the outbreak • the policy was non-disciplinary and provided options to an employee who refused to be vaccinated, including take the prophylaxis treatment, take an unpaid leave of absence or, in some cases, access vacation credits or banked time to offset the financial impact. The circumstances surrounding COVID-19 are not identi- cal to that of general influenza. For example, there does not appear to be a discrete COVID-19 "season." Nevertheless, the influenza decisions offer some helpful insight into the factors an arbitrator might consider when assessing whether a man- datory vaccination policy is reasonable. To learn more and for assistance regarding any COVID-19 workplace matter, contact Sherrard Kuzz LLP @ Shana French and Sundeep Gokhale are lawyers with Sherrard Kuzz LLP, one of Canada's leading employment, labour and human resources law firms representing employers. Shana and Sundeep can be reached at or 416.420.0738 (24 hour).

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