Unvaccinated Purolator Workers Win Court Case for Compensation

Flags at the main Purolator sort plant are seen in Calgary, on May 9, 2020. The Canadian Press/Jeff McIntosh

B.C.’s Supreme Court has upheld a ruling requiring shipping company Purolator to provide compensation to employees who were suspended during the pandemic.

Purolator implemented its “safer workplaces policy” (SWP) in 2021 that required employees and contractors to receive COVID-19 vaccinations.

A  decision made by the company in January 2022 to place unvaccinated employees on leave and to suspend the contracts of independent workers led the Teamsters union to file hundreds of grievances, arguing that the company’s vaccination mandate was unreasonable, according to court filings.

A labour arbitrator ruled in the employees’ favour in December of 2023, ordering Purolator to provide compensation for their lost wages and benefits.

Purolator asked the courts for a judicial review, calling the arbitrator’s decision “unreasonable.” The court disagreed with the courier company and upheld the ruling.

The arbitrator determined “the balancing of interests was not fixed in time, but something which could change as circumstances changed,” B.C. Supreme Court Justice Bradford Smith noted in his decision.

“He found that as of the end of June 2022 circumstances had indeed changed, such that the SWP, although reasonable when it was implemented, was no longer reasonable after that date.”

Purolator said it was disappointed in the court decision was reviewing potential next steps.

“Purolator is always committed to prioritizing the health and safety of our employees, customers, and the communities we serve,” it said in a statement provided to The Epoch Times.

The Epoch Times contacted Teamsters Canada for comment but did not receive a response by publication time.

The arbitrator had ordered Purolator to compensate employees who were let go or had contracts paused between July 1, 2022 and their first day back on the job after May 1, 2022.

“The arbitrator concluded that excluding unvaccinated workers from the workplace after June 2022 did nothing for their safety, contributed nothing to the safety of others in the workplace, and was not a reasonable and proportionate workplace safety measure,” the court decision said.

The Union of Postal Communication Employees won a similar case in 2024 for remote employees who were fired for not taking the COVID vaccine.

An arbitrator in the case said Canada Post’s goal with its workplace practice was to eliminate COVID transmission. However, the decision noted remote employees did not have any contact with workplaces and should not have been let go.

“There was no meaningful connection between the practice’s objective and the measures imposed on exclusively remote workers,” that court decision said.