Mandatory PCR testing

Your employer should have consulted with either you, your representative or (if applicable) your union before bringing in a mandatory testing policy

If, however, a policy has been implemented, your options will turn on whether your employer’s instruction is reasonable and lawful in the eyes of the law. As discussed below, if your employer’s instruction is reasonable, non-compliance potentially could result in your employer commencing disciplinary proceedings against you.

Is the instruction reasonable?

The starting point in assessing reasonability is to check whether there is a specific clause within your employment contract that grants your employer the right to require you take COVID tests. The existence of such a clause would likely mean that the testing policy is reasonable

The nature of your role, in particular whether it involves being in close physical proximity with others, will also affect whether such an instruction is reasonable