Another employer has been forced to backtrack, after adopting a heavy-handed approach in their response to those choosing to exercise their right not to be vaccinated.

Arbitrator Mark Wright has ruled in a case between the London Health Sciences Centre (LHSC) and former employee, Jill Thompson, a Child and Youth Counsellor since 2003.

Ms. Thompson complied fully with regular testing yet chose not to risk her health by taking the vaccine; the result was an immediate termination for noncompliance, despite having no previous disciplinary actions on record.

The LHSC policy mandated that all staff must be vaccinated by October 22, 2021, or face termination without a valid exemption. Ms. Thompson did not pursue an exemption.

On the day of termination, she filed a grievance with her union, Unifor Local 27.

While the decision supported a mandatory vaccine mandate, calling it ‘reasonable’ given the circumstances, it found Ms. Thompson’s dismissal to be unjustified in its severity, indicating a lesser form of discipline would have been better suited.

LHSC was ordered to reinstate Ms. Thompson with a 30-day disciplinary suspension in place of dismissal. No allowance was made for reimbursement of lost wages.

While a positive outcome, this decision fails to address all the issues on the table.

If her employer was truly wrong, why is it not reasonable to award lost wages? By not doing so, the employee is effectively the victim of both the legitimate and the excessive disciplinary actions.

Further, decisions that promote Covid-19 vaccination policies as ‘reasonable’ are not taking into account the now-abundant evidence showing their harms and gross ineffectiveness.

Finally, these policies are not reasonable in that they ignore the inalienable rights of an individual to make a decision regarding their own health and bodily autonomy.

While we appreciate the positive outcome for Ms. Thompson’s career, and her vindication for the decision she has made, we hope that, at some point, these decisions will address all the facts before them. Anything less only supports the same gross negligence, should another ‘pandemic’ be declared.

To read the article by The Canadian Independent, click here 

To read the decision London Health Sciences Centre v Unifor Local 27, click here