Layoff Language Does Not Apply to Flu Reassignment Protocols

|Canadian Labour Reporter|Last Updated: 02/05/2011

After electing to use accumulated vacation days to cover the six days his employer ordered him to stay away from work while his flu vaccination became effective, C.B., a hospital pharmacy technician, grieved.

The union argued that the employer had violated the collective agreement by failing to follow the terms of a letter of understanding (LOU) that required the employer to reassign employees who were either medically unable or unwilling to accept flu vaccinations unless reassignment was not possible.

A distinction in the LOU was drawn between workers who were medically unable to receive the flu vaccine and workers who simply refused it.