The steady stream of COVID-19 vaccination continues to flow,
with an Arbitrator in Ontario recently breaking with convention and
finding a creed-based exemption to an otherwise reasonable
vaccination policy. The case itself can be found here.
Facts
The employer, Public Health Sudbury & Districts,
("PHSD"), implemented a policy requiring vaccination of
its workforce against COVID-19 in September 2021. The policy
required all employees to be fully vaccinated unless a legitimate
medical exemption applied, or an exemption was otherwise required
by the Ontario Human Rights Code (the
"Code"). The Grieovr, a Public Health Nurse,
refused to receive a COVID-19 vaccination based on her creed - the
Latin Mass portion of the Roman Catholic church. In particular, the
Grievor objected to the alleged use of fetal cell lines in the
development of vaccinations, which she equated with condonation,
cooperation or participation in abortion. As a result, she
requested accommodation
