A worker in the health network, who had refused to be vaccinated against COVID-19 in 2021 and who had filed a complaint against his union because he had refused to file a discrimination and harassment grievance for his personal case, just lost his case in court.
However, the Canadian Union of Public Employees (CUPE) had even filed two collective grievances contesting the fact that unvaccinated employees are obliged to take screening tests without being paid and that the COVID bonus is no longer paid to unvaccinated employees.
The worker had filed a complaint against his union for breach of his duty of representation. He wanted to have a discrimination and harassment grievance filed on his own behalf. He also claimed pecuniary and moral damages, in addition to reimbursement of the union dues he had paid.
But the Administrative Labor Tribunal ruled that CUPE, affiliated with the FTQ, had in no way failed in its duty of fair representation. He even emphasizes that the union representatives, “registered without their knowledge, were without exception of impeccable patience and courtesy”.
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