Ontario health unit discriminated against unvaccinated Catholic nurse by firing her: arbitrator

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Ontario health unit discriminated against unvaccinated Catholic nurse by firing her: arbitrator
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COVID vaccination would interfere with \u0027the exercise of her faith and her relationship with the divine,\u0027 said arbitrator Robert Herman

, largely overlooked outside the northern Ontario city, may be the first in Canada to offer some legal clarity on when such exemptions are justified.

“It is unlikely that has fabricated or simply ‘latched’ on to a creed-based claim for an exemption in order to avoid getting vaccinated,” he said. “It is unlikely that a long-standing devout member of the Latin Mass community has in effect fabricated the assertion that her faith requires this of her.”Article content

A spokeswoman for the Ontario Nurses Association, which represented its member in the grievance, said litigation continues in the case and the union would not comment at this time.Joel Fairbrother, a Calgary employment lawyer who, said various provincial human rights commissions have published advice on the issue which “heavily implied” it would be tough to get a religious exemption.

In his blog, Fairbrother said the decision is likely to be controversial, not because of how it applied the law but for political reasons.

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