The B.C. Court of Appeal has overturned a labor administrator’s decision that favored Purolator employees who were terminated or suspended for refusing the COVID-19 vaccine. This decision contradicts a previous ruling that deemed Labor Arbitrator Nicholas Glass’s judgment fair in compensating numerous employees for lost wages and benefits due to the vaccine requirement.
Represented by Teamsters Local Union No. 31, the employees filed numerous grievances asserting that Purolator’s vaccine mandate was unjustifiable. Glass had initially supported the mandate until June 30, 2022, but later changed his stance, stating that vaccination alone could not entirely prevent the spread of COVID-19.
The top court in the province concluded that Glass had held Purolator to an unreasonable standard by scrutinizing medical evidence excessively. Justice David Harris criticized Glass for imposing his interpretation of studies to assess the reasonableness of the vaccine mandate, deeming it unfair to challenge an employer’s response based on potential issues highlighted in studies.
Following the court’s decision, a new arbitrator will review the grievances raised by the union. Purolator introduced a “safer workplaces policy” in September 2021, mandating COVID-19 vaccinations for its staff amid the escalating pandemic. In response to the mandate, unvaccinated employees faced unpaid leaves or suspension, prompting the union to file grievances.
The court highlighted flaws in Glass’s reasoning, emphasizing the need for a reasonable approach rather than an absolute correctness standard, especially given the uncertainties surrounding the constantly evolving COVID-19 virus. Purolator was noted to have been held to a higher standard than deemed appropriate in similar cases, leading to the dismissal of Glass’s ruling.
The union’s argument about the arbitrator’s entitlement to factual conclusions on employer policies was deemed unsuitable in this dynamic pandemic context. The focus should be on reasonable actions rather than proving absolute correctness amidst ongoing virus mutations and uncertainties.
Requests for comments on this matter have been made to Teamsters Local Union No. 31 and Purolator by CBC News.