What is the test for determining whether an employer has unilaterally imposed a mandatory vaccination policy?
Ontario, Canada
The following excerpt is from Electrical Safety Authority v Power Workers’ Union, 2022 CanLII 343 (ON LA):
Arbitrators generally apply the KVP test using a “balancing of interests” approach to assess unilaterally imposed employer rules or policies affecting an employee’s individual rights, including mandatory vaccination policies, see Chinook Health Region v. U.N.A., Local 120 (2002), 113 L.A.C. (4th) 289 (Jolliffe).
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