A recent dispute between employees, who chose not to comply with vaccine mandates, and their employer, William Osler Health System, has been resolved.

The employer implemented a vaccine policy in November 2021, indicating all employees were required to be fully vaccinated.

Not surprisingly, many chose not to comply. Of these, 40 saw their employment contracts terminated while another 42 were suspended.

Each one filed a grievance with their union, the Canadian Union of Public Employees (CUPE), who represented them in discussion with the employer. The employer denied all grievances.

The case proceeded to arbitration where the grievances were ‘mostly upheld’, meaning Arbitrator John Stout agreed with the actions of the employer.

Stout agreed that those who were terminated with just cause, “The employees chose not to be vaccinated and as a result they were not reasonably available to attend at work, which at a minimum severely and negatively impacted the employment relationship.”

He went on to state that the conduct of the individuals who filed a grievance “was not with any malicious intent.”

He then referenced The Employment Standards Act, showing “that unless an employee’s actions amount to “willful misconduct, disobedience or willful neglect of duty that is not trivial”, they will be entitled to termination and severance pay.”

For the 40 employees who were terminated, Stout found that they were each due severance and termination compensation.

We must always respect an individual’s right to make their own health choices, and we are pleased to know these individuals will receive due compensation for termination, but one issue remains.

While we acknowledge that hospital settings provide unique circumstances with respect to vaccination requirements for those in contact with patients, we remain troubled that many of these employees across Canada have not yet been invited to return, now that the risk has diminished and the vaccine is known to be ineffective.

Canadians are struggling with a severe shortage of medical professionals, yet we have so many fully trained and ready to answer the call. Why have we not called?

To read the arbitration decision, click here