Coronavirus (COVID-19)

{Spoiler}
VIA Rail breached the Canada Labour Code in firing a locomotive engineer over his vaccination status, a federal arbitrator has ruled. Cabinet to date has not disclosed how many Crown employees were fired or suspended without pay for declining to show proof they took a Covid shot.

“VIA did not have just and sufficient cause,” wrote Graham Clarke, arbitrator in the case. The railway “decided on its own initiative to add disciplinary consequences for non-vaccinated employees,” he said.

Louison Tessier, a VIA engineer for 19 years, was fired January 24, 2022. Tessier’s union the Teamsters Canada Rail Conference successfully challenged the termination. The Teamsters contract stated no member could be fired “without a fair and impartial hearing.”

Arbitrator Clarke noted there was no “new recommendation from public health authorities” at the time that justified firing employees. “VIA never explained why on January 24 it was necessary to immediately terminate Mr. Tessier’s employment rather than keep him on leave without pay,” he said.

“The policy was unreasonable,” wrote Clarke. He ordered VIA to rehire Engineer Tessier and “remove from his file any reference to the termination of employment.” There was no order on compensation pending negotiations between Teamsters and the railway.

Cabinet last June 20 suspended its vaccine mandate for federal employees. The Mandatory Covid-19 Vaccination Requirements were introduced the previous November 30 though no Public Health Agency order required it.

In one federal department, Environment Canada, employees were suspended though virtually its entire workforce, 99 percent, was fully vaccinated, according to an internal audit. Other federal agencies like the Bank of Canada suspended employees even if they were working from home.

At least 2,560 federal employees were suspended according to piecemeal payroll records tabled in Parliament. The number of firings is unknown.

Attorney General David Lametti last June 15 said disciplinary measures were legal. “We are on solid legal footing,” Lametti told reporters. “That is the analysis that I do.”

“Has the government done the legal analysis that it knows will stand up in court?” asked a reporter. “I give my advice to cabinet so I’m not going to give it to you,” replied Lametti. “I’m not giving you a legal opinion. I give my legal opinions to cabinet.”

“I always believe that when we promulgate a law we’re on solid legal footing,” said Lametti. “That’s part of my job.”

“But the mandates weren’t a law,” said a reporter. “We’re confident whether it’s a law, whether it’s a regulation that we promulgate or a rule that we promulgate, we’re confident that we’re on solid legal footing,” replied Lametti.