The B.C. Court of Appeal has overturned a ruling by a labor arbitrator that previously favored Purolator employees who were terminated or suspended for not receiving the COVID-19 vaccine. This decision contrasts with a previous lower court judgment that supported the employees’ claims for lost wages and benefits due to the vaccine mandate.
Represented by Teamsters Local Union No. 31, the employees lodged numerous grievances, contending that Purolator’s vaccine mandate was unjustifiable. Initially, Labor Arbitrator Nicholas Glass had deemed the mandate reasonable until June 30, 2022, citing a shift in scientific evidence indicating that vaccination alone might not prevent COVID-19 transmission.
However, the recent judgment from the province’s highest court found fault with Glass’s approach, criticizing his reliance on a “correctness” standard rather than a “reasonableness” standard. Justice David Harris highlighted that scrutinizing an employer’s response to potential issues based on detailed medical studies was unreasonable.
Glass had previously instructed Purolator to compensate employees for lost wages from July 1, 2022, to their return to work after May 1, 2023. Now, a new arbitrator will reassess the grievances filed by the union.
Purolator introduced a mandatory COVID-19 vaccination policy, dubbed the “safer workplaces policy,” in September 2021 amidst the escalating pandemic. By January 2022, unvaccinated employees at Purolator faced unpaid leave or contract suspensions, prompting the union to file numerous grievances against the mandate’s fairness.
The Court of Appeal emphasized that Glass’s decision was based on his personal interpretation of scientific research, leading to inconsistencies and a lack of rationality in the award. The court emphasized that Purolator was being held to an exceptionally high standard compared to similar cases, with a focus on correctness rather than reasonableness.
The union argued that the arbitrator should be permitted to draw factual conclusions regarding an employer’s unilateral policy, especially concerning the effectiveness of vaccination against virus spread. However, the court disagreed, highlighting the ongoing mutations of the COVID-19 virus and the associated uncertainties as crucial factors in assessing reasonableness.
CBC News has reached out to Teamsters Local Union No. 31 and Purolator for their comments on the matter.