Respondent
Petitioner
Background:
Purolator Canada Inc. sought judicial review of an arbitrator’s decision regarding its COVID-19 Safer Workplaces Policy (SWP). The Canada Council of Teamsters, representing employees, challenged the policy’s reasonableness after mid-2022.
Legal Issues:
The court examined whether the SWP remained reasonable after June 30, 2022, balancing employer safety interests against employee rights. Purolator argued that its policy was necessary for workplace safety and compliance with public health guidance, while the union contended that the policy became unjustified as vaccine effectiveness waned.
Judgment:
The British Columbia Supreme Court upheld the arbitrator’s ruling, which found that:
The SWP was reasonable until June 30, 2022 but became unreasonable afterward.
Employees placed on unpaid leave or terminated for non-compliance after that date were entitled to compensation for lost wages and benefits.
The employer’s requirement for employees to re-attest to their vaccination status in November 2022 was invalid.
Award and Costs:
The court dismissed Purolator’s petition and awarded compensation to affected employees for losses incurred between July 1, 2022, and their return to work. The exact monetary award was unspecified but covered wages and benefits. Additionally, Canada Council of Teamsters was awarded costs of the proceedings.
Court
Supreme Court of British ColumbiaCase Number
S240143Practice Area
Labour & Employment LawAmount
Winner
RespondentTrial Start Date
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