The B.C. Court of Appeal has overturned a labor administrator’s decision that favored Purolator employees who were terminated or suspended for not receiving the COVID-19 vaccine. This decision reverses a previous ruling where Labour Arbitrator Nicholas Glass had awarded lost wages and benefits to numerous employees due to the vaccine mandate. The employees, represented by Teamsters Local Union No. 31, had raised grievances asserting that Purolator’s vaccine mandate was unreasonable.
In his assessment, Glass had initially deemed the vaccine mandate reasonable until June 30, 2022. However, he later changed his stance based on evolving scientific evidence that suggested vaccination alone might not halt the spread of COVID-19 effectively. The Court of Appeal criticized Glass for applying a standard of “correctness” rather than “reasonableness,” which ultimately invalidated his decision.
Justice David Harris highlighted that Glass had excessively scrutinized medical evidence and studies to assess the reasonableness of Purolator’s response to the situation, which was deemed unreasonable. Consequently, Purolator was ordered to compensate affected employees for lost wages during a specific period.
Following this ruling, a new arbitrator will reexamine the grievances submitted by the union. Purolator had introduced a mandatory COVID-19 vaccination policy called the “safer workplaces policy” in September 2021. The policy led to the suspension or unpaid leave of unvaccinated employees, prompting the union to file grievances. Glass’s previous ruling in favor of the employees was based on his belief that two doses of the vaccine were insufficient against the Omicron variant by mid-2022.
The Court of Appeal criticized Glass for relying on his own interpretation of scientific research and the consensus view of researchers at the time. The court found flaws in Glass’s reasoning and concluded that Purolator was being held to a higher standard than warranted in similar cases. The union’s argument that the arbitrator could draw factual conclusions on an employer’s unilateral policy was dismissed by the court due to the evolving nature of the virus and scientific uncertainty.
The court emphasized the importance of assessing reasonableness rather than correctness in such circumstances. CBC News has reached out to Teamsters Local Union No. 31 and Purolator for comments on this development.
