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Desperate Times, Desperate Measures: Is strict discipline necessary to ensure workplace safety during the pandemic?

Thursday, June 17, 2021, 12:30 pm - 2:00 pm EDT



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Moderators


Amy Bradbury

Employer Counsel
Wickwire Holm
Anne Gregory

Legal Counsel
Manitoba Nurses Union

Speakers


Dan Bokenfohr

Employer Counsel
McLennan Ross LLP
Stephanie Mayor

Union Counsel
Black Gropper

Issues

The COVID-19 pandemic has created unique safety concerns for workplaces and new headaches for employers and unions as they put in place measures to reduce the risk of transmission and respond to evolving public health restrictions. However, questions remain as to how far employers can go in enforcing pandemic-related health and safety policies and at what point unions are likely to push back on measures such as mandatory vaccinations and COVID-19 testing as excessively severe responses. In this webinar, seasoned advocates will examine the tension between workplace safety and personal autonomy and review the latest arbitral decisions that set out boundaries of workplace discipline in response to the COVID-19 pandemic, addressing issues such as the following:

  • Is an employer required to have an internal workplace policy in order to impose discipline, or can a failure to follow public health guidelines provide a valid basis for discipline? Have arbitrators shown a willingness to enforce infection control policies that exceed measures suggested by public health officials?
  • Are arbitrators adopting a harder line for violations of safety protocols, imposing more severe disciplinary penalties than might be assessed for other infractions?
  • Can employees be required to undergo mandatory testing for COVID-19? Are there factors that make testing more reasonable in some workplaces than in others?
  • What do past decisions relating to workplace vaccination policies tell us about an employer's ability to require that its workers receive a COVID-19 vaccine or provide proof of vaccination? Can employees be disciplined if they refuse to comply with such a policy? What about other non-disciplinary responses, such as being placed on a leave of absence without pay?
  • Are there elements that should be included in a vaccination policy that will increase the odds of it withstanding scrutiny while also respecting employees' human rights and privacy?
  • Is it possible to discipline employees for conduct outside of the workplace that could increase their risk of contracting COVID-19? Can an employer put in place policies that limit what workers can do in their off-duty hours, such as restrictions on attending gatherings or travelling outside of the province or country?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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