Air Canada implemented a mandatory COVID-19 vaccination policy for all employees in the Fall of 2021. The policy included a process for individuals to request and be granted accommodation from the vaccination requirement based on medical or religious grounds. Employees who received exemptions were placed on a leave of absence (which was initially paid) and invited to apply for positions approved for remote work.
The International Association of Machinists and Aerospace Workers (IAMAW) – a union representing thousands of employees at Air Canada, including baggage handlers and air craft mechanics – filed several grievances, challenging Air Canada’s vaccination policy as unreasonable. Amongst other things, the IAMAW claimed that there were less intrusive means for Air Canada to achieve its important health and safety goals, such as rapid antigen testing and social distancing. It also claimed that employees with valid medical and religious exemptions should be permitted to attend the workplace.
The Arbitrator appointed to hear the grievances upheld Air Canada’s vaccination policy as reasonable, concluding that “in the temporary and unique context of a global pandemic, [Air Canada’s] policy struck an appropriate balance between its significant interests in protecting its employees, customers, the public and its operation, and the privacy and bodily autonomy interests of unvaccinated employees.”
Jackie VanDerMeulen and Lennie Lejasisaks represented Air Canada on behalf of Fasken.
Jurisdiction
- Canada
