Labour board rulings on remote work and vaccine exemptions signal trouble for federal government's blanket policies

Two recent labour board decisions are putting pressure on the federal government to reconsider how it applies broad workplace policies to public servants, legal experts say.

The Federal Public Sector Labour Relations and Employment Board found that Innovation, Science and Economic Development Canada (ISED) discriminated against an employee with PTSD by "recklessly" refusing his request to work from home. The board ordered the department to pay $28,000 in damages and cover approximately two years of backpay.

In a separate case, the board found the Canada Revenue Agency discriminated against Steven Porter, a Christian public servant, by denying his request for an exemption to the federal government's COVID-19 vaccination policy. Porter argued he could not accept a vaccine "that may contain and/or have used aborted fetal tissue/cells in the lab testing." The board found his religious beliefs were sincerely held and awarded him $5,000 in damages.

Both cases hinge on the same legal principle: employers have a duty to conduct individualized assessments of accommodation requests rather than apply blanket denials. Ottawa labour lawyer Paul Champ, who represents clients with similar grievances, said many employers — including federal government departments — have "lost sight" of this obligation.

"Many employers, including federal government departments, just took a blanket policy where they were refusing every accommodation request outright," Champ said. "I think, unfortunately, employers just decided we'll say no to everyone and deal with the grievances."

The Treasury Board Secretariat granted 642 vaccination exemptions on religious grounds across the core public administration. Another 1,000 public servants requested exemptions but were denied. The number of accommodation requests granted or grievances filed in response to return-to-office mandates has not been disclosed.