Absent OHS benefits, 'the economic consequences associated with administrative unpaid leave clearly outweigh the employer's interests'
In a decision affecting more than 400 Bell Canada employees, an arbitrator has ruled that while the telecom giant's mandatory vaccination policy was “generally reasonable” during the pandemic, placing exclusively remote workers on unpaid leave crossed the line.
The Nov. 24, 2025 award, involving Unifor locals and multiple Bell entities, establishes June 30, 2022 as the date when continuing vaccine mandates became unreasonable as scientific evidence shifted.
The case consolidates over 300 grievances filed by employees who were either placed on unpaid administrative leave for refusing vaccination or claim they were coerced into compliance. No employee was terminated.
Remote work changes the equation
Arbitrator Francine Lamy found that Bell acted unreasonably when it placed employees working exclusively from home on unpaid leave starting Feb. 1, 2022, despite having no requirement to return to the office. Three employees won their grievances on this basis alone.
The arbitrator noted that Bell's Mandatory Vaccination Policy (MVP) and its Workways return-to-office program were designed to work together. When Bell postponed the office return indefinitely in January 2022 due to the Omicron wave but still suspended remote workers, problems arose.
"By disconnecting the MVP from the mandatory Workways return-to-office program—both designed to operate together—Bell acted arbitrarily, thereby losing any reasonable foundation for placing unvaccinated employees working exclusively remotely on unpaid leave," Lamy wrote. Bell must pay back wages with interest to these employees and restore all rights and benefits.
The Omicron effect and vaccine mandates
The decision establishes a clear timeline: Bell's vaccination requirement remained reasonable until it was suspended on June 29, 2022, following the federal government's June 14 withdrawal of its vaccination mandate and expectations for federally regulated employers.
Lamy rejected union arguments that the policy became unreasonable earlier, even as provinces lifted public health restrictions in spring 2022. Scientific studies published in late April 2022 showed vaccines had negligible effectiveness preventing Omicron transmission, though they still protected against severe illness.
"I therefore find that Bell could reasonably exercise greater caution and rely on the precautionary principle in adopting and applying its policy, consistent with its protective obligation under section 124 of the Code," Lamy wrote, referencing Bell's legal duty to protect employee health and safety.
Employee locations and vaccinations
The MVP required employees to be fully vaccinated to visit Bell offices or interact with customers, even occasionally. The arbitrator found this reasonable for on-site and field workers, including technicians who entered customer premises, linepersons working in buildings, and employees in Bell facilities.
For remote workers, however, the calculus differed. "In the absence of any health and safety benefits in the workplace—that these unvaccinated employees do not visit—the economic consequences associated with administrative unpaid leave clearly outweigh the employer's interests," Lamy ruled.
Administrative leaves were found to be non-disciplinary in nature, though one employee won compensatory damages after Bell refused to extend his compliance deadline despite being actively engaged in the vaccination process. The arbitrator reserved judgment on whether natural immunity from COVID-19 infection should count as equivalent to vaccination, deferring that issue to phase two of the process, along with human rights accommodation requests and the 14-day post-vaccination waiting period requirement.
