An arbitrator has upheld Service Ontario’s right to put an unvaccinated worker on unpaid leave, suspend her, and then fire her for non-compliance of a vaccine mandate during the pandemic, as well as the worker’s conduct in refusing to comply.
The worker was a customer care representative for Service Ontario in Hawkesbury, Ont., since 2017. She worked under a fixed-term, part-time contract than was renewed several times. She was considered a good employee and got along well with management and co-workers.
On Oct. 2, 2021, Service Ontario introduced a safe workplace directive (SWD) in response to the COVID-19 pandemic. The SWD required all employees to either attest that they were fully vaccinated against COVID-19, provide a valid medical exemption for not being vaccinated and undergo rapid testing, or complete an education course and a rapid test before entering the workplace.
