Our Toronto office represented Hydro One on two grievances brought by the Power Workers’ Union alleging a unionized electrician was suspended from his job and terminated without just cause. The worker repeatedly refused to follow Hydro One’s COVID-19 protocol requiring that he wear a mask or other suitable personal protective equipment to prevent the spread of infection among its employees, claiming it went against his Catholic religious beliefs. A letter from his pastor meant to support his claims indicated that while wearing a mask went against the worker’s conscience, it did not go against the doctrines of the church.

Following repeated refusals to wear a mask, subsequent disciplinary interviews, proposed accommodations and suspensions, Hydro One warned the worker that his conduct was considered insubordination and he was terminated from his job. Hydro One also alleged that the employee made a fraudulent claim to the Ministry of Labour.

The chief arbitrator in this matter ruled that Hydro One had just cause to discipline the employee for his refusal of the reasonable requirement that he wear a mask. He gave the worker one last opportunity to keep his job, indicating he had thirty days to advise Hydro One of his intention to wear a mask in all situations that could not be accommodated by wearing an arc flash hood, otherwise his grievances will be dismissed.

The team included Daniel McDonald, Travis Bertrand and Samantha Black.