Arbitrator rules Toronto hospital did not have grounds to terminate two employees who refused the COVID-19 vaccine

Arbitrator Jasbir Parmar has ruled that two hospital employees who were terminated by Humber River Hospital in Toronto for refusing to take the COVID-19 vaccine were wrongfully terminated.

It was the employees union who stepped in to defend the two part-time clerical employees Stacy Hughes and Marisol Sanchez.

Parmar outlined in her ruling that the hospital initially implemented a vaccine policy aligned with the provincial mandate, permitting unvaccinated hospital employees to undergo regular COVID testing. However, Humber River Hospital exceeded the provincial mandate by eliminating this option in December 2021. Instead, the hospital opted to permit only fully vaccinated individuals and those with documented medical exemptions to continue working.

The hospital then established a deadline of January 17, 2022, for the submission of vaccination proof. However, neither of the two women complied, resulting in both being placed on a two-week unpaid leave starting January 20, 2022. Subsequently, the hospital issued a new deadline of February 3, 2022, for vaccination proof, but again, neither complied, leading to their immediate termination.

Parmar said "While a result of the grievors’ exercise of their right not to be vaccinated meant they were not in compliance with the Hospital’s policy, the mere fact that the grievors were unwilling to have a vaccine injected into their bodies cannot fairly be characterized as an act of insubordination, or some other culpable conduct."

She concluded her ruling by saying, “I find the hospital did not have cause to terminate the grievers’ employment, either on a disciplinary basis or on non-culpable grounds.”

You can read the case at the link below.

https://www.canlii.org/en/on/onla/doc/2024/2024canlii19827/2024canlii19827.html