Arbitrator deems Canada Post’s suspension of unvaccinated remote workers during pandemic as ‘unreasonable’
An arbitrator has invalidated a part of Canada Post’s mandatory COVID-19 vaccine policy concerning employees, deeming it “unreasonable” to suspend remote staff without pay for not confirming their vaccination status.
This ruling follows a case brought by the Union of Postal Communications Employees (UPCE), arguing that requiring remote workers to be vaccinated did not align with the federal vaccine mandates’ aim to limit COVID-19 spread in the workplace.
Arbitrator Michelle Flaherty concurred, stating the practice was “unreasonable” when enforced on fully remote employees.
Ms. Flaherty also dismissed Canada Post’s assertion that its requirement for all employees to receive two COVID-19 vaccine doses was to ensure employees’ health and safety.
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“Essentially, the employer’s argument is that it can dictate activities, such as medical procedures like vaccination, to potentially increase the likelihood an employee will be available to work,” she stated.
“If such an interest exists, it is outweighed by the significant interests of the employees involved, including privacy and their financial stake in continued paid employment,” she added.
The arbitrator also rejected Canada Post’s claim that it was challenging to determine which unvaccinated employees were consistently remote to provide an exemption.
According to the ruling, 37 UPCE members were suspended without pay for not confirming they had received both doses of the COVID-19 vaccine following the federal mandate. Some provided proof of vaccination, while others chose to resign.
The ruling specifically applies to employees who exclusively worked remotely and does not encompass UPCE members who did partial remote work.
The union criticized Canada Post for “unreasonable” actions in suspending unvaccinated employees who mainly worked remotely but occasionally visited the office, although Ms. Flaherty dismissed this complaint, stating that management has the authority to determine if an employee can work remotely.
“The employer is not obligated to accommodate unvaccinated employees for remote work. There is no requirement to adjust tasks for unvaccinated employees or redistribute work to others. It was not reasonable to expect the employer to do so,” she pointed out.
The arbitrator’s ruling does not include provisions for compensation. Instead, negotiations between the union and Canada Post will determine the implementation of the ruling and any subsequent compensation for wrongly suspended employees, as per arbitration documents.
Canada Post and UPCE, representing 1,500 postal employees in administrative, professional, and clerical roles, did not provide comments before publication.
PSAC stated that they were filing grievances on behalf of “all members” of the federal public service suspended without pay for not providing vaccination proof.
