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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.