Firefighters sue City of Calgary over COVID-19 vaccine policy

19 firefighters are taking the City of Calgary to court, claiming its COVID-19 vaccination policy violated their rights, created a toxic workplace, and resulted in a loss of income.

According to a statement of claim filed with the Alberta Court of Queen’s Bench on July 7, 2022, the group is seeking $38 million from the city, which would amount to approximately $2 million per firefighter.

“The plaintiffs have suffered measurable damages, including mental distress, anxiety, and, in particular, injury to dignity and self-respect,” the statement of claim said. “The plaintiffs therefore are entitled to significant damages due to the manner in which the city suspended their employment, including a claim for punitive/aggravated damages arising from flagrant human rights and Charter violations.”

In October 2021, the City of Calgary introduced its COVID-19 vaccine policy, which required all city employees to:have two doses of the vaccine or regularly provide a negative test result. Those who refused to either option would be placed on leave without pay.

According to the lawsuit, the firefighters claim some religious and medical exemptions were denied by the city.

Can employees be put on unpaid leave for not getting vaccinated?

It is illegal for an employer to put non-unionized workers on an unpaid leave of absence for failing to get a COVID-19 vaccine. A company cannot make significant changes to an employee’s job without their permission. This includes:

• Adding a requirement for workers to be vaccinated
• Taking away an employee’s hours and failing to pay them

Employees in this situation can leave with a severance package through a constructive dismissal claim. The Pocket Employment Lawyer can tell you how much you may be entitled to.

WATCH: Employment lawyer Lior Samfiru explains what changes an employer can and cannot make to your job.

Can an employer fire someone for not getting vaccinated?

An employer can fire a non-unionized employee who does not get vaccinated against COVID-19 or regularly provide a negative test result. It is called termination without cause. However, the worker must be provided a full severance package, which can total as much as 24 months’ pay. Failure to do so can result in a wrongful dismissal claim.

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• London hospital workers file $700K in wrongful dismissal suits over vaccine policy
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• Wrongful dismissal in Alberta

What an employer cannot do is fire a non-unionized employee “for cause” if they do not get vaccinated, as per the company’s policy. Failure to fully vaccinate against COVID-19 cannot be used as a reason to dismiss someone without compensation or prevent them from collecting Employment Insurance.

The only instance where a dismissal “for cause” may be valid, is when there is a government mandate that requires employees in a particular sector to be fully vaccinated.  

Employers cannot ignore workplace harassment and discrimination

Vaccinated or not, employees have a right to work in an environment free of bullying and harassment. It is illegal for a non-unionized worker to be discriminated against based on protected aspects including:

• Age
• Race
• Gender
• Religion

All employers in Alberta must implement a bullying and harassment policy. Every member of staff, including management, must be trained on how to properly respond to instances of workplace harassment and inappropriate conduct.

If an employee experiences harassment from a coworker or supervisor, they should report the incident to the appropriate individual at the company, as per the employer’s policy. Your employer is required to investigate the claim and take the necessary steps to put a stop to the harassment and ensure a safe workplace.

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• Recruiter awarded $50k, lost wages after sexual harassment by HR manager

Filing a human rights complaint

In their lawsuit against the City of Calgary’s COVID-19 vaccination policy, the 19 firefighters claim some religious and medical exemptions were denied. When it comes mandating vaccinations in the workplace, there are a number of legal considerations that must be observed and enforced, including terminations, severance entitlements, and human rights.

In Alberta, employees who experience discrimination in the workplace can file a complaint with the Alberta Human Rights Commission. The commission is responsible for dealing with human rights complaints pertaining to the Alberta Human Rights Act. Successful complaints can result in compensation for the worker who experienced discrimination.

Talk to an employment lawyer today

If you are a non-unionized worker who was put on unpaid leave or fired for refusing to comply with your employer’s COVID-19 vaccine polices, contact our experienced team immediately. The Alberta employment lawyers at Samfiru Tumarkin LLP, working in Calgary and Edmonton, can help you navigate your workplace rights.

We have helped tens of thousands of Canadians get results. We will review your situation, present you with sound options and strategy, and work to get you what you are owed.