82 Unvaccinated Ontario Healthcare Workers Win Arbitration Against Hospital

Photo: William Osler Health System

Arbitrator’s Ruling Highlights Workers’ Rights Amid Controversial Vaccine Mandates

In a significant ruling, a Canadian arbitrator has ordered the William Osler Health System (WOHS) to compensate 82 healthcare workers. Forty of them were fired “with cause” for not getting the COVID shots and 42 were suspended. They are represented by the Canadian Union of Public Employees (CUPE).

The decision, made by Toronto arbitrator John Stout on August 12, 2024, acknowledged that while the hospital had just cause for the dismissals, the workers acted without malicious intent.

The dispute arose from a policy implemented in 2021 requiring all staff to receive at least two COVID shots. Although the arbitrator found that the policy was reasonable for a healthcare setting, he emphasized that the lack of malicious intent meant the workers were entitled to termination and severance pay under the Employment Standards Act (ESA).

This case reflects a broader trend, as recent rulings in Canada have increasingly favoured individuals who declined vaccinations amid strict mandates. The ruling is seen as a victory for workers advocating for their rights in the face of controversial health policies