BC Labour Relations Board dismisses vaccine refusal claim

The BC Labour Relations Board (BCLRB) has dismissed a civil claim brought by Claudette Jackson, a Kelowna woman who alleged that the Hospital Employees’ Union failed to provide fair representation. Jackson was terminated from her position at a retirement community managed by DCMS Realty following her refusal to comply with COVID-19 vaccination mandates.

Jackson argued that the union acted in bad faith by framing her case as a vaccine refusal rather than a medical inability to comply. However, the BCLRB ruled that the union acted within its intended scope. The decision noted that Jackson had attended work while symptomatic and had previously refused testing and symptom questionnaires during the pandemic.

In a separate matter, the Tasmanian Industrial Commission upheld the dismissal of Radu Gheorghe Tudor, a former IT manager for a Department of Health eHealth program. The commission ruled that the termination was lawful after Tudor failed to comply with public health vaccination requirements and a direct order from the department secretary.