File a grievance
Help over Zoom
A Zoom meeting is held every week (Wed and Fri noon, as part of the Open Canada Data seminar) to help individuals to prepare and file their grievances - see time and numbers here.
You were put on LWOP?
You can grieve, and you should!
You can grieve, and you should!
Notes:
The information provided in this portal is not legal advice and should be used at your own discretion, and modified according to your needs and understanding.
The grievance can be prepared and filed with or WITHOUT Union assisting/representing you, both when it is and when it NOT related to the application of Collective Agreement (CA).
If grievance is related to the application of CA, and your Union rep "recommended" you can Request Reconsideration from your Union, based on the grounds listed below
In addition to filing an Individual Grievance, as per instructions of your Union in line with Group policy Grievance, which grieves against the actions after April 6, 2022, you can also submit additional Individual Grievance to grieve against the actions prior to April 6, 2022.
Depending on the date when you put on Leave Without Pay (LWOP), and your particular situation, there are a number of Employer's actions you can grieve on. They are listed below.
Choose what suits your situation the best and file it!Case 1: you are put on LWOP recently (after April 6) - use the grievance template prepared by Unions - see below, and everything else that applies
Case 2: you are put on LWOP after December 2021
Case 3: you are put on LWOP prior to December 2021
Special case 4: You received one dose, but refuse to take the second one.
Special case 5: You refused to declare
Process
Step 1: Download form TBS/SCT 340-55 from TBS or from here
Step 2: Write there the following:
In section B
The grounds for the grievance include the following:
A. The Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police (the “vaccine policy”) was merely a recommendation, and not law.
The federal employee mandate has been implemented under the federal Financial Administration Act: https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32694
B: Anyone enforcing the regulation/mandates are acting as public officers and therefore must adhere to the Canadian Bill of Rights. The vaccine policy is in breach of the Canadian Bill of Rights as follows:
Section 1(a) of the Canadian Bill of Rights states that every individual has to life, liberty and security of persons. This protects the right of informed consent for medical procedures and the right to privacy.
Section 1(b) of the Canadian Bill of Rights states that every individual has the right to equality before the law and the protection of the law. This protects the rights of unvaccinated individuals to continue their gainful employment.
Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the rights or freedoms herein recognized and declared.
C:
<< Read more about how to defend your right for Informed Consent here >>
It is illegal to force me to make a decision without informed consent [[ to perform a medical procedure such as injecting myself with COVID-19 vaccine without providing complete and up to date information on the efficacy and safety of such vaccines. ]]
Where there is a threat of harm or reprisal or pressure from an authority there is no consent and therefore the act is assault.
“Complete and up to date information” refers to data that have become available by the date when the decision to put in me on LWOP was made, specifically from October 2021 to January 2022. Multiple requests to obtain such information were made to both my director and director general, but none of the requested information was provided to me.
Furthermore, because the requested up to date data on the safety and efficacy of COVID-19 vaccines was not provided to me by my employer, I have obtained such data myself - from the official government sources, such as Public Health Agency of Canada, Statistics Canada, Government of Ontario, as well as from the Vaccine Manufacturers (Pfizer) new reports that have become available after October 2022 - and shared it by email with both my director and director general three weeks prior to the employer’s decision to put me on leave without pay due to non-compliance with the vaccine policy, asking them to discuss my concerns raised by these new data on the grounds that these new data showed lower much safety and efficacy levels of COVID-19 vaccines compared to levels shown by the old data. (“Old data” refers to the data that was available prior to October 2022). Both director and director general refused to look into these data and discuss my concerns raised by these new data. Nor provided they to me any processes where I could voice my these concerns about COVID-19 vaccines, in particular the concerns raised by the new official Government of Canada data that has become available after October 2021.
F. Until I received my Record of Employment on XXXX, 2022, it was never stated by my employer that I was on leave without pay due to misconduct.
The words misconduct, discipline, suspension or termination for misconduct are not included or mentioned anywhere in any letters or communications that I received from my employer. Nor is it mentioned anywhere informing in vaccination policy. Therefore, my employer lacked authority and did not provide proper notice to place me on leave without pay, in particular, for misconduct.
My choice to not [ disclose information / get a second vaccine /to reject coerced vaccination without informed consent ] does not meet the standard of misconduct. Furthermore, there was no progressive discipline regarding any misconduct alleged against me.
In section C:
write dates where you find out that your employer's actions were illegal, which you can put today's date, if you learnt about it today
In section D:
I request that my status on leave without pay be rescinded, and that my regular employment status be reinstated.
I request that I be compensated for any loss of salary and benefits incurred as a result of the circumstances leading to this grievance, specifically (but not limited to) that I be compensated for the time I spent on leave without pay.
I request any such other corrective action that will make me whole.