The B.C. Court of Appeal has overturned a decision by Labour Arbitrator Nicholas Glass, who had ruled in favor of Purolator employees fired or suspended for refusing the COVID-19 vaccine, awarding them lost wages. The court found that Glass applied an incorrect standard of “correctness” rather than “reasonableness” in evaluating the vaccine mandate, which was deemed reasonable until June 30, 2022. The ruling emphasizes that the inquiry should focus on what constitutes reasonable employer responses amid evolving medical evidence. A new arbitrator will now reassess the grievances filed by the union.
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