Purolator loses court challenge after it fired unvaccinated employees

Shipping giant Purolator recently faced a setback in the B.C. Supreme Court as it lost its challenge against an arbitrator’s decision to compensate unvaccinated employees who were either suspended or terminated due to the company’s vaccination mandate.

Purolator implemented a “safer workplaces policy” in September 2021, requiring its employees to get vaccinated against COVID-19 as the virus continued to spread rapidly. However, in January 2022, unvaccinated employees were either placed on unpaid leave or had their contracts suspended, leading the Teamsters union to file numerous grievances, arguing that the vaccination mandate was unreasonable.

After almost two years, in December 2023, a labour arbitrator ruled in favor of the employees and ordered Purolator to compensate them for lost wages and benefits. The arbitrator determined that the vaccination policy was reasonable until June 30, 2022, when scientific evidence indicated that vaccination alone was not sufficient to curb the spread of COVID-19.

Purolator challenged the arbitration decision in court, arguing that it was unreasonable. However, in a judgment released on Monday, the B.C. Supreme Court sided with the union and the arbitrator, stating that the balancing of interests could change as circumstances evolved.

A Purolator spokesperson expressed disappointment with the court’s decision and mentioned that the company was reviewing its next steps. The company emphasized its commitment to prioritizing the health and safety of its employees, customers, and communities.

The shifting scientific evidence surrounding COVID-19 played a crucial role in the case. Purolator introduced its vaccination policy in September 2021, coinciding with public health officers’ efforts to increase vaccine uptake through measures like vaccine passports. As new variants like Omicron emerged, booster shots became recommended to enhance protection.

In November 2022, Purolator terminated employees who did not disclose their vaccination status, leading to further grievances from the Teamsters union. Ultimately, Purolator rescinded the vaccine mandate in April 2023.

The arbitrator’s ruling ordered Purolator to compensate employees for lost wages between July 1, 2022, and their return to work after May 1, 2023. The decision was based on the scientific consensus that two doses of the vaccine alone did not offer sufficient protection against the virus.

Purolator contended that the arbitrator erred in considering employees’ autonomy and bodily integrity in his decision. However, the Supreme Court deemed the arbitrator’s assessment reasonable and dismissed many of Purolator’s arguments that fell outside the scope of the judicial review.

The case highlights the complex interplay between public health measures, individual rights, and evolving scientific understanding in the context of a global health crisis. It serves as a reminder of the challenges faced by businesses and employees in navigating the complexities of pandemic response and recovery.