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99
Canadian airline WestJet loses 1st of its kind lawsuit over firing unvaxxed remote worker with pastor-signed religious exemption (www.rebelnews.com)
posted 1 year ago by YesMovement 1 year ago by YesMovement +99 / -0
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– AntonioOfVenice 11 points 1 year ago +11 / -0

Good for Canada, though in my view everyone should be free not just people with 'exemptions'.

You clarified in the comments that it's a first for Canada, because there have been similar cases elsewhere, e.g. this case of airline KLM losing when refusing to hire unvaccinated pilots (in 2022):

In practice, KLM’s approach is to deny candidate pilots a job with KLM if they are not vaccinated against corona. The court is of the opinion that requiring a vaccination against corona is an infringement of everyone’s right to respect for private life as laid down in Article 8 of the European Convention on Human Rights, the ECHR. Under certain circumstances this is allowed, but not in the case of KLM, according to the judge. The judge considered the following important:

In principle, refusing non-vaccinated candidates serves a legitimate purpose, namely to complete the flight schedule to all KLM destinations. However, pilots may also be subject to certain (medical) travel restrictions or refuse follow-up vaccinations against corona after commencing employment. This can still cause scheduling problems. KLM’s approach therefore does not always lead to the desired result.

The judge weighed up the interests of the two parties and ruled that the infringement on the candidates’ privacy outweighed KLM’s interest in completing the planning. Especially since there are alternatives for KLM to achieve this goal. According to VNV, many pilots are willing to cooperate in PCR testing and the system of travel restrictions can be improved.

Given this, KLM has failed to adequately explain that it would be in trouble if it hired a few unvaccinated pilots out of a workforce of over 3,000 pilots.

https://bd-advocaten.nl/en/insights-en/no-job-at-klm-without-vaccination-is-that-allowed/

The verdict:

Prohibits KLM, with immediate effect, from obtaining and/or using information in any way whatsoever from candidates for vacancies for the position of pilot regarding the vaccination status against COVID-19 and/or from rejecting candidates because they indicate that they have not been vaccinated and/or do not wish to be vaccinated, under penalty of a fine of € 100,000.00 per violation;

(the first time I've seen the ECHR being good for anything at all)

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▲ 7 ▼
– -Fender- 7 points 1 year ago +7 / -0

Don't forget the case with the CN, one of Canada's two major railway companies. They placed hundreds of people on unpaid leave, just because they refused to inject themselves with the experimental faulty serum promoted by heavily litigated pharmaceutical companies. Last I heard, that case was still in legal limbo, even if the only thing that the workers are asking for is compensation for the time they were forced into unemployment.

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▲ 11 ▼
– Benevolentdictator 11 points 1 year ago +11 / -0

Carney's win also spelled the death knell of any hope for justice in the Canadian legal system.

Something like 80% of the current judges are Trudeau-picked partisan loony diversity hires.

Another 5 years and there won't be a sane White guy anywhere on a bench.

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▲ 4 ▼
– ZeroPercentCamoIndex 4 points 1 year ago +4 / -0

There were also cases won against the New York City Depts of Education and Sanitation in 2022/23, reinstating workers with back pay. There's probably more besides, since it's not like the media is trumpeting this kind of news from the ramparts.

https://www.legalreader.com/judge-rules-in-historic-new-york-teachers-case-reinstating-10-workers-with-back-pay-after-being-fired-for-refusing-covid-shots/

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▲ 4 ▼
– AntonioOfVenice 4 points 1 year ago +4 / -0

It's nice, but it is also disturbing that they only won because of a 'religious exemption', as if other people are not entitled to their freedom.

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