On April 18, 2023, Canada’s Senate passed Bill C-228, the Pension Protection Act. Should it become law (which is expected to occur later in 2023), Bill C-228 will impact the order of payments to creditors in the event an employer becomes bankrupt or insolvent, such that certain liabilities arising from a defined-benefit pension plan will be paid ahead of other creditors.

A recent arbitration decision, successfully argued by our own Erin Kuzz and Zack Lebane, upheld the dismissal of hospital employees for continued refusal to comply with a mandatory COVID-19 vaccination policy.

The arbitrator’s finding, that the employer was justified in requiring employees to be vaccinated and that it was reasonable to place unvaccinated employees on unpaid leave of absence, is consistent with the rulings in many earlier COVID-19 vaccination arbitration decisions. However, no prior Ontario arbitration decision had upheld dismissal as a consequence of failure to vaccinate (in other words, just cause to terminate).  As such, this decision will have significant implications for other health care employers who may have terminated employees under a mandatory COVID-19 vaccination policy