A Manitoba man is suing pharmaceutical big Bayer, claiming he was fired for refusing to offer proof of vaccination towards COVID-19.
The lawsuit alleges the person’s employment was terminated in January “with out simply trigger” and in breach of his employment contract. CBC Information is just not naming the person due to private well being info.
He had labored for about 18 years at Bayer Inc., an organization with divisions together with prescription drugs and agriculture, working in Germany, the USA and Canada, together with Winnipeg.
He was a program supervisor and did his work completely from dwelling, each earlier than and throughout the onset of the COVID-19 pandemic, in response to his assertion of declare filed April 7 on the Manitoba Courtroom of Queen’s Bench in Winnipeg.
The lawsuit says his vaccination standing for COVID-19 or another illness was not among the many phrases of the employment contract.
Bayer Inc. applied the vaccination requirement unilaterally and made it efficient January of 2022, the declare alleges.
“It was not a time period of his employment contract that he had an obligation to reveal any private well being info,” the declare says, including the person sought an exemption from the coverage however was denied.
Since he was working from dwelling “neither his employment duties nor the employment contract required in-person interplay with different workers of the defendant (Bayer Inc.), its prospects or different stakeholders,” the declare says.
Vaccination ‘a pillar of public well being’: Bayer
The allegations haven’t been examined in courtroom and Bayer has not but filed a press release of defence.
“Bayer is dedicated to offering a protected and wholesome work setting together with decreasing the danger of COVID-19 an infection for workers,” an organization spokesperson stated in an e mail to CBC Information.
“As a life sciences group, we imagine within the effectiveness of vaccines. Vaccination towards COVID-19 is a pillar of public well being steerage and key to offering a protected working setting for all our workers and people with whom they arrive into contact.”
Bayer stated it could not remark additional on issues associated to litigation. The plaintiff’s lawyer additionally declined remark.
Toronto labour and employment lawyer Lior Samfiru, who is just not concerned with the case, says his agency has represented shoppers throughout Canada whose jobs have been affected by their vaccination standing.
“I can let you know that that is among the commonest points that workers have confronted over the previous six or seven months, which is coping with their vaccination standing and the affect of that standing on their job,” he stated in an interview.
“A wrongful dismissal means that you’re let go with out compensation. So if he had been paid correct severance, it could not be a wrongful dismissal,” Samfiru stated.
The lawsuit alleges the employer did not compensate the person, and seeks an unspecified sum of money normally damages for wrongful termination.
It additionally seeks aggravated and punitive damages for the style by which he was dismissed, corresponding to allegedly not giving him a optimistic letter of reference and demanding he disclose private well being info with out a professional motive.
Well being remedies demanded: lawsuit
The employer demanded the person “undertake private well being remedies, regardless of his vaccination standing having no rational connection to his employment duties, and terminated his employment when he declined to take action,” the courtroom doc says.
It says that as an worker working completely from dwelling, Bayer’s demand that he disclose private well being info and the next termination of his employment was opposite to the Manitoba Human Rights Code.
“If this worker truly works completely from dwelling, it makes the scenario that rather more ridiculous,” Samfiru stated.