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1 R.S.O. 1990, c. H.19 and Hospital visitors. Employees were not forced to get vaccinated; they were required to get vaccinated only if they wished to con- tinue to work for the Hospital. And further: Again, the reasonableness of terminating unvaccinated employees, as with the overall Policy, must be assessed in context of a large hospital that provided essential health care services to the community ... at a time when the communities it served were experienc- ing severe COVID-19 infections and con- sequences and the need for the Hospital to maximize the services it could provide was absolutely critical. The Hospital was already having serious challenges in continuing to provide these services because of the num- bers of infected patients, or patients with other issues, and because of understaffing.... Erin Kuzz and Zack Lebane are lawyers with Sherrard Kuzz LLP, one of Canada's leading employment and labour law firms, representing employers. Erin and Zack can be reached at 416.603.0700 (Main), 416.420.0738 (24-hour), or by visiting www.sherrardkuzz.com. The information contained in this briefing note 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 briefing note is current as of April 26, 2023, 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 Information about the law is checked for legal accuracy as at the date the briefing note is prepared, but may become outdated as laws or policies change. For clarification or for legal or other professional assistance, please contact Sherrard Kuzz LLP. C A N A D I A N L AW Y E R M A G A Z I N E 2022-23 TOP Labour & Employment BOUTIQUE sherrardkuzz.com | 416.603.0700 | 24 Hour 416.420.0738 | 250 Yonge St #3300, Toronto, ON M5B 2L7 | @sherrardkuzz 24 HOUR 416.420.0738 Workplace issues never sleep. That's why our 24 hour line is answered by a Sherrard Kuzz lawyer every hour of every day, even on holidays. Whatever the issue. Whatever the time. Our 24 hour line means our clients sleep well at night even if we sometimes don't. If you're an employer, we're the only call you need to make. We never call it a day. COVID-19 infections continued to have a serious impact on employees and patients, with the likelihood of getting infected and the impact of becoming infected likely to be considerably more significant if an employee was not vaccinated. Employees were already required to be vaccinated against a number of diseases, so they understood that getting vaccinated might be required of them. A failure of all active employees to get vacci- nated against COVID-19 was highly likely to negatively affect the Hospital's ability to provide its health care services to the public. The arbitrator held it was reasonable to include remote workers in the Policy's appli- cation, as these employees might still attend the Hospital for work-related reasons and were needed for potential re-deployment to onsite work. Key takeaways for employers This is the first decision to confirm that, in cer- tain circumstances, continued refusal to be vac- cinated may be treated as disciplinary miscon- duct justifying termination of employment. We expect this decision will have significant impli- cations for other employers responding to simi- lar grievances, particularly in health care. www.canadianlawyermag.com 15