Arbitrator finds employer violated Ontario Human Rights Code for termination over vaccine refusal

By Julius Melnitzer | August 4, 2022

An arbitrator has ruled Public Health Sudbury violated the Ontario Human Rights Code prohibition against discrimination on the basis of creed when it terminated a nurse who refused a coronavirus vaccination because it was against her religious beliefs.

“The decision is significant because the arbitrator, Robert Herman, is well-respected and his reasoning will draw the attention of and influence a fair number of employers,” says Doug Sanderson, a former vice-chair of Ontario’s human rights tribunal and a labour and employment lawyer at Littler Mendelson, who wasn’t involved in the case.

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Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.

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