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
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.
'Secret report' or standard research? B.C. government addresses safe supply allegations
B.C.’s premier and one of his top lieutenants are pushing back against allegations by the Official Opposition that he covertly commissioned a report into the diversion of safe supply drugs onto the streets.
Video shows suspects waving weapons, smashing glass in Toronto jewelry store robbery
Arrests have been made after five men were captured on video rampaging through a jewelry store in Toronto, waving weapons and smashing glass display cases.
'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.
She was too sick for a traditional transplant. So she received a pig kidney and a heart pump
Doctors have transplanted a pig kidney into a New Jersey woman who was near death, part of a dramatic pair of surgeries that also stabilized her failing heart.
What Canadians think of the latest Liberal budget
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.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
Teacher shortages see some Ontario high school students awarded perfect grades on midterm exams
Students at a high school in York Region have been awarded perfect marks on their midterm exams in three subjects – not because of their academic performances however, but because they had no teacher.