Dismissed for non-compliance with employer’s COVID policy

An employee contested her dismissal for failing to answer her employer’s COVID questionnaire honestly. The strict policy imposed by the company required employees to have their temperatures taken and answer a questionnaire every morning before being allowed to enter the plant. Among other things, the questionnaire asked employees whether they lived with someone who was showing COVID symptoms. Even though her spouse had such symptoms, the employee came to work and answered “no” to the COVID questionnaire for five consecutive days. According to the arbitrator, the employer relies on the good faith of its employees when implementing measures to ensure its continued operations. Under the circumstances, taking temperatures and the questionnaire were legitimate and necessary requests, and the employee was required to comply. The grievance was dismissed.

Teamsters Québec, local 1999 v. Exceldor Coopérative, usine de St-Bruno-de-Montarville
2021EXPT-350, 2020 CanLII 102415, 2020 QCTA 632, Jean-François La Forge