Workplace health and safety come into play when employees don’t follow employer COVID-19 policies
With the rise of the twin dragons of both worry and denial relating to COVID-19, Canadian employers have found themselves having to tackle novel disciplinary issues ranging from refusals to stay home pending employer direction to the contrary, failure to follow proper COVID-19 protocols and procedures and challenges to the bona fides of employer policies. While upholding disciplinary measures in unionized sectors is not an unusual challenge for employers, some recently reported arbitral decisions would appear to suggest that labour arbitrators may have a lesser inclination to exercise leniency when faced with misconduct directly related to COVID-19.
