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Thursday, October 15, 2026

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination - Littler Mendelson PC

On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting the dismissal of the grievor because she was ineligible to work under the order issued by the Provincial Health Officer of BC (PHO Order), and had no intention of ever becoming vaccinated. The PHO Order required all health authority employees to be vaccinated against COVID-19 in order to be eligible to work. The arbitrator rejected the union’s argument that the employer did not have just and reasonable cause for terminating the grievor’s employment as reasonable alternatives existed.

Background

The grievor had been employed without discipline by FHA as a substance abuse counsellor since February 2014. On October 14, 2021, the PHO issued its Order, which provided that as of October 26 all health authority employees “must be vaccinated or have an exemption to work.” Employers were prohibited from allowing unvaccinated staff to work after October 25 unless the staff member obtained the vaccine within prescribed time frames, or had an exemption. The only exemption was on narrow medical grounds; there was no religious exemption. Staff who were not eligible to work as of October 26 could return to work seven days after obtaining their first dose, provided they did so by November 14. There were no further exceptions as of November 15.

The grievor was put on a...



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