Ontario man successfully challenges employer’s COVID-19 testing policy, claiming a violation of genetic testing labour law, securing a hearing that could establish case law and spark lawsuits

https://prepareforchange.net/2024/03/18/ontario-man-successfully-challenges-employers-covid-19-testing-policy-claiming-a-violation-of-genetic-testing-labour-law-securing-a-hearing-that-could-establish-case-law-and-spark-lawsuits/

A Hamilton, Ontario man, Bernard Josipovic, a father and husband who worked for DHL Express Canada as a unionized employee, driving a 5-ton truck delivering packages, has taken the company to a federal labor board challenging the company’s COVID-19 testing policy. Josipovic spoke with The Canadian Independent to tell his story.

DHL Express Canada, being federally regulated, operates under the federal governments Canada Labour Code. Industries like telecommunications, transportation, and banking, which fall under federal regulation, are subject to standardized employment conditions and practices enforced by the Canada Labour Code.

In 2022, DHL Express Canada introduced a COVID-19 testing policy at its Mount, Hope Ontario facility. The policy required employees who were not fully vaccinated to personally cover the expenses of undergoing a PCR or Rapid Antigen Test twice a week and provide proof of the test results.

Josipovic, who opted not to get vaccinated, expressed genuine concerns about the company’s COVID-19 testing policy and communicated these concerns to his employer. His primary worry revolved around whether the PCR test qualified as a genetic test and, if so, whether DHL Express Canada was potentially violating the Canadian federal Labour