In a case brought forward by the Union of Postal Communications Employees (UPCE) against the employer, Canada Post, arbitrator Michelle Flaherty has found Canada Post’s policy on mandatory vaccination for employees who work entirely remotely, is unreasonable, as was the subsequent suspension without pay applied to these individuals.

The UPCE represents 1500 postal workers in clerical and administrative positions, of which 37 members chose to not confirm their vaccination status and were suspended for noncompliance.

Canada Post argued that it was too difficult to determine which employees worked completely remotely, for the purpose of offering exemptions, believing it was unrealistic to expect this of them. They further stated that their two-dose requirement for all employees ‘was a bid to ensure the health and safety of its employees’.

Flaherty disagreed with Canada Post’s arguments, finding that they had not established a compelling workplace health and safety interest for employees who work exclusively remotely stating, “These employees had no reasonable prospect of coming into physical contact with the workplace and I cannot conclude that the primary purpose of the practice was advanced by requiring their vaccination.”

Additionally, Flaherty struck down their assertion that the policy was to ensure the health and safety of all employees.

She further clarified that this decision addressed solely those employees working remotely at all times and did not apply to those whose contracts required them to do only some of their work remotely.

“The employer is not required to accommodate unvaccinated employees so they can work remotely,” she stated. “There is no requirement to adjust an unvaccinated employee’s tasks or to assign parts of their work to other employees. It was not reasonable to expect the employer to do so.”

As the UPCE is part of the larger Public Service Alliance of Canada (PSAC), this ruling is expected to play a significant role in grievances filed in 2022 by PSAC “on behalf of all members of the federal public service who were suspended without pay because they did not provide proof of vaccination”.

To read the Epoch Times article written by Jennifer Cowan, click here