'One individual was within six months of retirement when these individuals should have been able to work from home'
The City of Windsor in Ontario is facing a lawsuit against its COVID-19 vaccination policy.
A group of 20 workers fired by the municipal government for defying its jabs mandate has launched a legal action, claiming the policy violated their constitutional rights.
"My position is the City of Windsor, based on the Municipal Act and the Constitution Act, are bound by the provincial mandate and guidelines, which right now state that vaccination is not a condition of employment," says Toronto lawyer Courtney Betty, who is representing the group, in a CBC story.
Windsor city council agreed in September 2021 that there should be a mandatory COVID-19 vaccine policy for all municipal workers. They gave workers until Nov. 15, 2021 to provide proof of vaccination or valid exemption under human rights legislation.
In January this year, the city announced it would be firing 104 staffers who refused to get vaccinated against the disease, disclose their vaccination status or submit a medical or religious exemption.
That same month, the Toronto Transit Commission (TTC) also fired 354 workers who did not meet its COVID-19 vaccination requirement. Nearly 500 employees at the City of Toronto also lost their jobs because of the municipality’s vaccine mandate.
‘Illegal’, ‘without due process’
The City of Windsor’s actions were “illegal,” outside of the guidance of the province, and “without due process,” says Betty.
Among those filing the suit are four people who were firefighters, 11 others who worked for the City of Windsor, four ex-Enwin utility workers and one person who worked at the Huron Lodge long-term care home.
"There's just no logic as to why the city would fire first responders, individuals who have been working there for over 30 years," says Betty, in a CTV report.
"One individual was within six months of retirement when these individuals should have been allowed to work from home."
The suit is seeking a number of declarations that the City of Windsor’s policy was “unconstitutional” and in violation of Charter rights. It is also seeking general damages of $250,000 per plaintiff, punitive damages for each plaintiff of $1,000 per day since March 1, aggravated damages for mental distress amounting to $50,000 for each plaintiff and “special damages” to be determined by each plaintiff, reports Windsor Star.
In June, an arbitrator ruled in favour of union members working at automaker Stellantis in Windsor who filed a grievance claiming that their employer’s vaccine policy was unfair and unreasonable.
Also, in February, two Canadian premiers along with 16 U.S. state governors called for the vaccination mandate for truck drivers crossing the border to be stopped.
