The BC Supreme Court tossed out a legal challenge filed by former City of Quesnel workers who were terminated from their jobs for not being vaccinated against COVID-19..The case, which was filed against both the city and the province of BC, has since been axed with costs awarded to the defendants, as ruled by Justice Nathan Smith..Seeking damages from the city and province respectively, including aggravated and punitive damages under the Charter, plaintiff's counsel argued the vaccination requirements had been “an infringement of bodily integrity” contrary to the the Charter, further stating the vaccines are neither necessary, safe, or effective..The city responded not by asking the court to rule on the merits of the plaintiff's allegations or the public policy issues they raise, but rather jurisdiction. The plaintiffs were unionized employees, therefore their dismissal is “within the exclusive jurisdiction” of a grievance arbitration board, as noted by the defendant's counsel..“I was told their union has in fact filed a series of grievances, and the first arbitration hearing was scheduled to take place before these reasons could be issued,” said Smith..However the plaintiff’s lawyer argued the injection mandate dealt with issues of general public importance beyond the context of their employment..Smith rejected the argument..“The plaintiffs may be correct some or all of the issues they seek to raise need to be litigated, but it's still necessary issues come before the court in an action properly framed to raise them,” said Smith prior to dismissing the claim with costs..“The plaintiffs, or others who share their views, will have to raise those issues in a different proceeding.”.Last week the city confirmed it will be rescinding the mandatory vaccination policy for city staff, volunteers, and contractors on December 1..The mandate was implemented late last year.
