Quebec employer justified in suspending health-care worker who refused COVID-19 vaccine: tribunal
An orderly who was suspended without pay for refusing to be vaccinated against COVID-19 has lost her case before Quebec's administrative labour tribunal.
The worker alleged that the suspension was a veiled dismissal.
The tribunal found that she had instead been suspended without pay and that her employer, a religious group, had clearly stated that she would be able to return to her position when she was properly vaccinated.
The Quebec government had announced in September 2021 that it was mandating vaccination for health-care workers and that those who did not show proof of vaccination would be suspended without pay. However, fearing a shortage of staff, it reversed its decision and instead chose to require these resistant workers to be tested regularly.
But the employer did not share this concern, so it maintained the original vaccination requirement.
The employer explained to the tribunal that it housed nuns who were on average 90 years old, ill, sometimes at the end of their lives, and not very independent. He said he was afraid of experiencing the situation that some CHSLDs had experienced.
As a precaution, he had decided not to authorize screening tests as a substitute for adequate vaccination.
As a result, the worker was suspended without pay for an indefinite period of time because of her refusal to be vaccinated. She then filed her complaint.
In its decision, however, the tribunal noted that "she was aware of the consequences of her decision and knew that she could return to her position as soon as she was properly vaccinated" or when the health measures were lifted.
"In the particular circumstances of this case, where the health of vulnerable seniors and employees is at stake in the context of a global pandemic, the employer is justified in requiring her to be properly vaccinated and in suspending her without pay at the deadline for her choice not to be vaccinated," the tribunal ruled.
The employer respected the employees' freedom of choice to accept or refuse the COVID vaccination.
"In doing so, it did not interfere with their right to respect for their integrity, as set out in the Charter of Human Rights and Freedoms and the Civil Code of Quebec," it added.
This report by The Canadian Press was first published in French on Feb. 6, 2023.
CTVNews.ca Top Stories
Half of Canadians have negative opinion of latest Liberal budget: poll
A new poll suggests the Liberals have not won over voters with their latest budget, though there is broad support for their plan to build millions of homes.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
NEW 'One of the single most terrifying things ever': Canadian couple among tourists on sinking sailing boat tour abroad
A Toronto couple are speaking out about their “extremely dangerous” experience on board a sinking tour boat in the Dominican Republic last week.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Ottawa injects another $36M into vaccine injury compensation fund
The federal government has added $36.4 million to a program designed to support people who have been seriously injured or killed by vaccines since the end of 2020.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
An Ontario senior called Geek Squad for help with his printer. Instead, he got scammed out of $25,000
An Ontario senior’s attempt to get technical help online led him into a spoofing scam where he lost $25,000. Now, he’s sharing his story to warn others.
Accused of burglary at stepmother's home, U.S. senator says she wanted her father's ashes: charges
A Minnesota state senator and former broadcast meteorologist told police that she broke into her stepmother's home because her stepmother refused to give her items of sentimental value from her late father, including his ashes, according to burglary charges filed Tuesday.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.