The Humber River Hospital in Toronto wrongfully terminated two of its employees for refusing the COVID-19 vaccine, Labour arbitrator Jasbir Parmar has ruled.
Represented by their union in the arbitration process, Stacy Hughes and Marisol Sanchez, both part-time hospital clerical staff since 2017 and 2016 respectively, alleged they were terminated without just cause pursuant to the hospital’s mandatory vaccination policy, legal documents show.
The mandate was instituted in December 2021, with all staff required to submit proof they had accepted the COVID-19 jab by January 17, 2022.
Employees who fail to comply “will be subject to disciplinary action up to and including termination,” the policy stated.
Hughes and Sanchez were put on a two-week unpaid leave of absence and were given a February 3, 2022, deadline to get the shots or face termination.
Neither of them complied with the vaccine mandate, and they were unceremoniously fired.
Though the former staff do not contest the fact that there was a policy, the “union does not concede that the hospital’s policy, in its entirety, is reasonable,” states the legal documents.
“The union submits that no discipline is appropriate, because, based on long-standing, well-established legal principles, employees cannot be disciplined for exercising their right not to consent to medical treatment and/or the disclosure of private medical information to the Hospital.”
Arbitrator rules Toronto hospital had no grounds to fire unvaccinated staff (westernstandard.news)
Represented by their union in the arbitration process, Stacy Hughes and Marisol Sanchez, both part-time hospital clerical staff since 2017 and 2016 respectively, alleged they were terminated without just cause pursuant to the hospital’s mandatory vaccination policy, legal documents show.
The mandate was instituted in December 2021, with all staff required to submit proof they had accepted the COVID-19 jab by January 17, 2022.
Employees who fail to comply “will be subject to disciplinary action up to and including termination,” the policy stated.
Hughes and Sanchez were put on a two-week unpaid leave of absence and were given a February 3, 2022, deadline to get the shots or face termination.
Neither of them complied with the vaccine mandate, and they were unceremoniously fired.
Though the former staff do not contest the fact that there was a policy, the “union does not concede that the hospital’s policy, in its entirety, is reasonable,” states the legal documents.
“The union submits that no discipline is appropriate, because, based on long-standing, well-established legal principles, employees cannot be disciplined for exercising their right not to consent to medical treatment and/or the disclosure of private medical information to the Hospital.”
Arbitrator rules Toronto hospital had no grounds to fire unvaccinated staff (westernstandard.news)
