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
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Five areas Canada's foreign interference commissioner says needs more investigation
Commissioner Marie-Josee Hogue released her interim report examining foreign election interference on Friday. Here are five elements of the issue that Hogue says she needs to further probe before she can make conclusions or recommendations.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.
Why your airfare may be getting more expensive
Skyrocketing airfare prices are linked to heightened competition and rising food and fuel, according to the CAA.
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.
New weight-loss drug Wegovy not a 'magic bullet,' doctor warns
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
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.
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.