Unvaccinated London hospital staffer gets job back

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A London hospital worker fired three years ago for not getting vaccinated against COVID-19 will get her job back, an arbitrator ruled.

The terminated employee, Jill Thompson, was a full-time child and youth counselor who had worked at London Health Sciences Centre since 2003. She was fired without cause, according to the arbitrator’s decision.

“I have ordered that the Grievor be reinstated and that a 30-day disciplinary suspension be substituted for the discharge. I provide no further relief, and make no order as to compensation,” arbitrator Mark Wright wrote in his decision.

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Amid the pandemic, the hospital told all employees in an Aug. 31, 2021, email that it was introducing a mandatory vaccination policy. Staff was given until the end of October to be fully vaccinated and those who weren’t would face discipline, including termination, the hospital said.

Employees who provided “sufficient proof” of an exemption for medical or human rights code purposes would be excluded from being vaccinated.

The fired employee, who didn’t request an exemption on human rights or medical grounds, met with hospital officials and was told she would be terminated after confirming that she didn’t plan on getting vaccinated.

Unifor Local 27 filed a grievance on behalf of the employee and accused the hospital of violating the collective agreement.

The hospital argued that it had cause to terminate her because she wasn’t vaccinated and didn’t plan on getting her shots.

In total, 99 employees were fired for not complying with the vaccination policy, the decision said.

Wright ruled the hospital had cause to discipline the employee, but termination was excessive, and she should have been suspended 30 days. Thompson wasn’t awarded any lost wages.

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