Two workers at a Regina refinery have been reinstated to their former jobs after being terminated for refusing to undergo COVID-19 testing twice a week..According to Blacklock’s Reporter, a Saskatchewan labour arbitrator determined the dismissals were unjustified, especially since the men had already been suspended without pay..“In my view this response was unreasonable,” wrote Daniel Ish, the labour arbitrator in the case. “The employer did not have just cause to terminate.”.Consumers’ Co-operative Refineries Ltd. in 2021 required employees either show proof of vaccination or negative COVID-19 tests under threat of dismissal. Of refinery workers, 570 took the vaccine and 50 opted for regular testing. Only two, Ward Rubin and Dallas Shuparski, declined either and were fired in 2022..“Although for many testing is viewed as a minor matter both Mr. Shuparski and Mr. Rubin saw submitting to testing as a matter of personal conscience,” wrote Ish. .According to the arbitrator, the two men claimed the policy violated their Charter rights and expressed resentment at having to provide personal medical information..Both men had “a sincere personal objection to an invasion of their bodily integrity and protection of private health information,” wrote the arbitrator..“They were the only two of approximately 620 bargaining unit employees who were refusing to follow the policy.”.Arbitrator Ish ordered that Consumers rehire the two employees, who were both long-time workers with clean employment records..“They posed no health hazard to other employees,” wrote the arbitrator. .“It is difficult to see what the prejudicial impact on the employer would have been by allowing Mr. Rubin and Mr. Shuparski to remain on an unpaid leave of absence.”.Unifor Local 594, the union that represented the individuals and successfully argued their case, previously pointed out the vaccine policy at Consumers' Co-operative was not as strict as those implemented by other employers..“Employees have a choice,” said a newsletter to Unifor members..“You can vaccinate or test,” said the newsletter. .“You get to make the choice. A vaccine mandate involves you being required to vaccinate without any other options. There are employers imposing vaccine mandates but that is not what is happening at our workplace.”.There is no national estimate of the number of Canadians who lost their jobs due to vaccine mandates. .The Public Health Agency of Canada has not advocated for mandates..“From a public health perspective we want people to be sort of informed and make a voluntary choice to get a vaccine,” Dr. Howard Njoo, deputy chief public health officer, told reporters on January 21, 2022. .“People should be encouraged. It doesn’t have to be because there’s a mandate.”
Two workers at a Regina refinery have been reinstated to their former jobs after being terminated for refusing to undergo COVID-19 testing twice a week..According to Blacklock’s Reporter, a Saskatchewan labour arbitrator determined the dismissals were unjustified, especially since the men had already been suspended without pay..“In my view this response was unreasonable,” wrote Daniel Ish, the labour arbitrator in the case. “The employer did not have just cause to terminate.”.Consumers’ Co-operative Refineries Ltd. in 2021 required employees either show proof of vaccination or negative COVID-19 tests under threat of dismissal. Of refinery workers, 570 took the vaccine and 50 opted for regular testing. Only two, Ward Rubin and Dallas Shuparski, declined either and were fired in 2022..“Although for many testing is viewed as a minor matter both Mr. Shuparski and Mr. Rubin saw submitting to testing as a matter of personal conscience,” wrote Ish. .According to the arbitrator, the two men claimed the policy violated their Charter rights and expressed resentment at having to provide personal medical information..Both men had “a sincere personal objection to an invasion of their bodily integrity and protection of private health information,” wrote the arbitrator..“They were the only two of approximately 620 bargaining unit employees who were refusing to follow the policy.”.Arbitrator Ish ordered that Consumers rehire the two employees, who were both long-time workers with clean employment records..“They posed no health hazard to other employees,” wrote the arbitrator. .“It is difficult to see what the prejudicial impact on the employer would have been by allowing Mr. Rubin and Mr. Shuparski to remain on an unpaid leave of absence.”.Unifor Local 594, the union that represented the individuals and successfully argued their case, previously pointed out the vaccine policy at Consumers' Co-operative was not as strict as those implemented by other employers..“Employees have a choice,” said a newsletter to Unifor members..“You can vaccinate or test,” said the newsletter. .“You get to make the choice. A vaccine mandate involves you being required to vaccinate without any other options. There are employers imposing vaccine mandates but that is not what is happening at our workplace.”.There is no national estimate of the number of Canadians who lost their jobs due to vaccine mandates. .The Public Health Agency of Canada has not advocated for mandates..“From a public health perspective we want people to be sort of informed and make a voluntary choice to get a vaccine,” Dr. Howard Njoo, deputy chief public health officer, told reporters on January 21, 2022. .“People should be encouraged. It doesn’t have to be because there’s a mandate.”
