An Ontario employer’s practical application of its work-from-home policy helped an arbitrator determine that the policy was reasonable, despite some vagueness in the policy and a union challenge.
“If an employer acts in good faith and acts reasonably, then its management rights will be respected,” says Michael Horvat, a labour and employment lawyer at Aird & Berlis in Toronto. “They don’t have to cross every “T,” dot every “I,” and consider every eventuality – KVP doesn’t set the standard that high and say you have to consider every eventuality.”
On March 17, 2020, the City of London in Ontario advised all staff that it was moving to minimal operations and essential services only to ensure the health and safety of employees and the community during the COVID-19 pandemic.