Scores of unvaccinated workers are filing wrongful dismissal claims against employers.
The legal precedence has yet to be set, so be suspicious and don’t easily believe the exaggerated media claims that unvaccinated cannot (for example) collect unemployment insurance, will have medical benefits disallowed, or are not entitled to severance packages, etc. These misinformation narratives are designed to “scare” people into coerced consent. In fact, the majority of the legal opinions from labour law experts suggest most employers are walking on thin ice especially if “being vaccinated” was never listed as a condition of employment in your original contract.
In addition, if you have been denied a medical or religious exemption, the rationale to refuse you any accommodation is likely flawed, especially if you work-from-home or are in a work environment where the co-infection risk to your colleagues is minimal. Omicron has confirmed that transmission is prevalent whether you and your co-workers are vaccinated vs. unvaccinated. The MyAPSChoice Group has stated such in our formal complaint to Occupational Health & Safety.
And then there is “natural immunity” which is scientifically demonstrating greater protection than those who were vaccinated months ago. Even the politicians and media are conceding that boosters are needed because the vaccine protection cannot be sustained resulting in a mass breakthrough of infections. If you have recovered from COVID19 (any variant) and you are still not being accommodated, this too could bolster your legal standing.
The MyAPSChoice Group’s legal counsel is formulating our next legal steps. All of your individual efforts to state your claim and position, whether by formal complaints, private law suits, union grievances, and notices of liability – will help develop a firm legal standing on the violation of your civil rights. Don’t give up the fight!
More to follow….