Labour board rules federal COVID-19 vaccine mandate was not 'disguised discipline'
The Treasury Board's COVID-19 vaccine mandate that suspended employees who refused to be vaccinated was an "administrative measure" to ensure the health and safety of federal employees, and not "disguised discipline," according to the Federal Labour Relations Board.
Two federal employees suspended without pay for refusing to comply with the vaccination policy in 2021 filed a complaint, alleging their suspension was "disguised discipline that sought to correct their behaviour and induce them to become vaccinated."
One of the employees worked onsite, while the other worked from home under a telework agreement. According to the ruling, the two employees alleged their suspension without pay was a violation of their rights protected under the Canadian Charter of Rights.
- Sign up now for our daily CTV News Ottawa newsletters
- The information you need to know, sent directly to you: Download the CTV News App
The federal government implemented the COVID-19 vaccine mandate in October 2021, requiring all public servants in the core public administration, including the Royal Canadian Mounted Police, to be fully vaccinated against COVID-19. Employees who refused to be fully vaccinated or to attest to their vaccination status were placed on leave without pay.
In a ruling released at the end of March, the board dismissed the grievances by the two employees, concluding the COVID-19 policy was an "administrative action based on the scientific evidence available at the time."
"It was an action that the respondent took to ensure that the health and safety of public servants in the core public administration were protected," adjudicator Amelie Lavictorie wrote.
"It was a reasonable response to an operational need that was established by evidence, which was a need to safely increase the number of staff working onsite. The policy’s main objective was to ensure that the employer complied with its legal obligations to its employees."
Lavictorie said that while suspending the two employees for failing to comply with the mandate had an "adverse effect on them," it was based on their own decisions.
"They knew and understood the consequences of failing to comply with the policy," the ruling said. "Although the choice of whether to comply with the policy was difficult and had consequences, they made informed choices, on principle."
The board dismissed the grievances, citing a lack of jurisdiction.
"The fact that the policy was unprecedented does not make it, by that very fact, a disciplinary action, the ruling said.
"The employer provided supporting evidence for its position that the policy is an employment-related measure."
The hearing took place in two phases lasting 10 days, with evidence from nine witnesses.
The Federal Labour Relations Board administers the collective bargaining and grievance adjudication system for the federal public sector, and is responsible for resolving staffing complaints. It has the power to rule on whether an issue is a disciplinary action.
According to the ruling, the two employees remained suspended without pay until the Treasury Board suspended its COVID-19 vaccine mandate in June 2022. The two employees returned to work after the mandate was lifted.
In November 2021, the government said that 95 per cent of federal public servants were fully vaccinated, and 98 per cent were fully or partially vaccinated.
CTVNews.ca Top Stories
BREAKING Foreign meddling 'did not affect' overall federal election results: inquiry report
Foreign interference by China did not affect the overall results of the 2019 and 2021 general elections won by Justin Trudeau's Liberals, a federal commission of inquiry has found.
BREAKING Police make arrests in killing of B.C. Sikh activist, source confirms
Police have made arrests in the killing of B.C. Sikh activist Hardeep Singh Nijjar, a senior government source has confirmed to CTV News.
WATCH LIVE Funeral today for broadcasting legend and voice of 'Hockey Night in Canada' Bob Cole
A funeral is being held today for hockey broadcasting legend Bob Cole in his hometown of St. John's, N.L.
Magnitude 4.8 earthquake recorded west of Vancouver Island
A 4.8-magnitude earthquake was reported west of Vancouver Island Thursday evening.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
How falling for a stranger she met on a beach led this woman to ditch the U.S. for the French Riviera
Niki Benjamin, from the U.S., had travelled to a paradise island to do some soul searching, and her life ended up going in a very different direction when her dog ran up to a stranger.
Biscuits with possible plastic pieces, metal found in ground pork: Here are the recalls for this week
Here are the latest recalls Canadians should watch out for, according to Health Canada and the Canadian Food Inspection Agency.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Supreme Court orders new trial for B.C. francophone who was not given French option
The Supreme Court is ordering a new trial for a francophone man in British Columbia who says he was not informed of his right to have a trial in the official language of his choice.