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Grievance dismissed; employer's duty to accommodate not triggered where employee refused to request religious exemption.
The union filed a grievance alleging the employer breached the collective agreement and the Human Rights Code by placing the grievor on an unpaid leave of absence for failing to comply with its mandatory Covid-19 vaccination policy.
The grievor objected to the vaccine on religious grounds but deliberately chose not to apply for an exemption because he believed he should not have to share his religious beliefs with the employer.
The arbitrator dismissed the grievance, finding that the employer's duty to accommodate was not triggered because the grievor failed to make his need for a religious exemption known.
Appeal dismissed; legislation banning TTC strikes violates s. 2(d) of the Charter and is not saved by s. 1.
The Crown appealed a Superior Court decision striking down the Toronto Transit Commission Labour Disputes Resolution Act, 2011, which eliminated TTC employees' right to strike and replaced it with binding interest arbitration.
The Court of Appeal dismissed the appeal, holding that the complete ban on strikes violates the employees' right to meaningful collective bargaining under s. 2(d) of the Charter.
The Court further found that the Crown failed to justify the infringement under s. 1, as it did not demonstrate that the complete ban was minimally impairing or that its salutary effects outweighed the deleterious effects on the workers' Charter rights.
Pre-hearing disclosure of sensitive vaccination exemption documents ordered subject to strict confidentiality conditions.
The Union requested pre-hearing disclosure of documents relating to individual exceptions to the Employer's mandatory vaccination policy requested under the grounds of creed or disability.
The parties agreed the documents were arguably relevant but contained private and sensitive information.
The arbitrator exercised authority under section 48(1) of the Labour Relations Act, 1995 to order the Employer to disclose the requested documents, subject to strict confidentiality conditions restricting their use and dissemination.
Judicial review of arbitration award reinstating bus driver to non-driving position dismissed as reasonable.
The applicant sought judicial review of an arbitration award that reinstated a bus driver to a non-driving position after he was terminated for a fatal accident and convicted of careless driving.
The applicant argued the arbitrator failed to apply the proper test for discharge and unreasonably found the employment relationship was not irretrievably damaged.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the relevant factors, including the grievor's record, remorse, and the nature of the misconduct, in exercising his statutory discretion to substitute a penalty.
