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
NEW 'Oh my God, you're my brother': Manitoba man discovers six unknown siblings
After receiving a DNA kit one Christmas from his son-in-law, Hugh McCormick soon discovered that he had six unknown siblings, with whom he shared the same birth parents.
No refund for travellers who cancelled flight already scrapped by airline: regulator
Four years on, the controversy over whether airlines owed refunds to passengers after cancelling hundreds of thousands of flights during the pandemic continues to simmer, aggravated by a sluggish, opaque complaints process.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Canucks hold off Oilers for 4-3 win in Game 3
Brock Boeser had two goals and an assist, and the Vancouver Canucks hung on for a 4-3 win over the Edmonton Oilers in Game 3 of their second-round Stanley Cup playoff series.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Man fatally 'slashed in the neck' in downtown Toronto, suspect outstanding
Police are searching for a male suspect after a man was “slashed in neck” on Sunday morning in downtown Toronto and died.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise's disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.