A Regina King’s Bench judge has upheld a decision by the Co-op Refinery Complex to fire two employees who did not comply with the company’s COVID-19 vaccine mandate.
During the pandemic, Consumers’ Co-operative Refineries Limited (CCRL) implemented a mandatory vaccination policy and testing for COVID-19. Despite multiple warnings and disciplinary actions, two employees refused to comply with the policy and were ultimately fired in January 2022 for non-compliance, according to the court records.
The policy was implemented in January 2021. Before being fired by CCRL, both employees were put on paid leaves of absence followed by multiple unpaid leaves that varied from five days to two weeks, as well as given numerous warnings.
Both terminated workers were members of Unifor Local 594. They successfully grieved the termination before an arbitrator, but the refinery management called for judicial review. Ultimately CCRL asked for the arbitrator’s decision be quashed, the grievances dismissed, and costs awarded to CCRL.
The union argued there was no evidence proving disruption in the workplace and there was no need to fire the two employees.
However, in his March 5 written decision, Judge Richard Danyliuk determined the union’s argument ignored the need for full compliance at the time due to health concerns arising from the pandemic.
“This also ignores that if employees begin ignoring valid and enforceable policies in the workplace chaos results. I remain unsure of just how much disruption Unifor thinks is required before an employer is entitled to intervene but two employees who steadfastly defy a health and safety policy during an historical pandemic strikes me as a serious enough matter to warrant discipline and, ultimately, termination of employment,” Danyliuk said.
Among other reasons given for ruling in favour of CCRL, the judge said that out of some 620 union members, only the two members before the court refused to comply.
The full court document can be read here.
