When the COVID-19 pandemic began, Natalie Seal was hailed as a hero as she worked on the front lines. But after choosing not to disclose her vaccination status to the city of Windsor, Ont., Seal said she felt “rejected.”
Seal, who was a Windsor firefighter for more than 15 years, is one of 20 former City of Windsor employees suing the company after they were fired for failing to comply with the city’s COVID-19 vaccination policy . Over the past few months, employer-enforced vaccination mandates have come under fire, been suspended and rescinded across various industries.
The lawsuit, filed Aug. 24, claims the City of Windsor violated people’s constitutional rights and acted outside of its authority.
“It stings, absolutely, and it doesn’t just sting the pocket, it stings to the core,” Seal told CBC News of his dismissal.
“I was good enough to work for the City of Windsor for almost two years of the pandemic and then just being fired at the start of 2022 was heartbreaking.”
The city’s policy, dated last September, says people who are fully vaccinated are much less likely to get seriously ill from the virus and are “helping to stop the spread.”
In an email, City of Windsor spokesman Jason Moore said they don’t comment on individual cases, “especially if there is a dispute.” But he said the city has treated all of its workers equally when it comes to enforcing the policy.
In January, the city reported that 104 employees were fired for refusing to get vaccinated or disclose their status. Of these, 43 were full-time employees and 61 were temporary part-time employees.
Seal did not disclose her vaccination status to CBC News and said she declined to do so because she was entitled to medical confidentiality.
“I feel like freedom of choice is the very essence of what it is to be Canadian. It is the very spirit of what the Canadian constitution was founded on,” said she declared.
WATCH: Seal explains why she didn’t reveal her vaccination status
Seal says the decision impacted her and her family’s financial situation, as she was the sole source of income.
“We can’t just give up our human rights and freedoms when something comes up.”
But the decision not to disclose cost her her career and a lot of stress, she said. Seal was the sole source of income for her family of two children under 10 and her husband, who homeschooled their children.
“I stand by my decision. I feel like I did what was right for me,” she said.
“No shame, guilt or coercion from the City of Windsor was ever going to shatter who I am as a person or what I believe in, nor do I think any business or employer should be in able to do so.”
The fire brigade union backtracks
According to the Windsor Professional Firefighters Association, the city fired four firefighters for failing to follow policy. He said the union is seeking arbitration over it, but the earliest date is next year.
Kris Matton, president of the Windsor Professional Firefighters Association, said the union disagreed with city policy and filed seven grievances and two protest letters.
“It was a terrible time and I have total empathy and sympathy for our members,” Matton said, adding that whenever they deal with vulnerable groups in the community, they wear personal protective equipment.
“If you’re worried about these four [firefighters] as much, OK, bring them back and test them, ”he said.
Police policy suspended
Matton also called it “discriminatory” that Windsor police might follow a different policy than firefighters.
In July, officers who were unvaccinated or did not disclose their status were allowed to return to duty after the Windsor Police Service Commission suspended its vaccination policy.
In an email, the City of Windsor said people employed by other public sector entities might have different policies in place, but that’s the result of different workplaces and employers.
He said the policy was approved to keep the community safe and the administration continues to “review best practices.”
CBC News asked the Department of Health and Premier Doug Ford’s office why the government is not enforcing a consistent policy for frontline workers across the province. Neither responded.
Toronto firefighters reinstated
In Toronto, a similar battle unfolded on the side of firefighters.
In late August, an arbitrator ruled that while Toronto’s policy was “valuable,” the city was not applying it reasonably. The ruling also said the people shouldn’t have been fired immediately. The firefighter’s attorney works with the employer on the details of the return to work.
The Windsor group wants the city to declare that the suspension or firing of employees was unconstitutional. He also wants the city to repeal vaccination as a condition of employment and pay general damages of $250,000 per plaintiff, aggravated damages of $50,000 per plaintiff for “mental distress” and punitive damages. of $1,000 per employee per day since March 1, 2022. .
Windsor class attorney Courtney Betty told CBC News the Toronto case sets a precedent for similar cases that are in arbitration.
“We are very satisfied with this precedent and the [rationality] and the logic certainly goes along the same lines that we have also defined our claim,” he said, adding that this lawsuit goes even further by looking at how people’s rights and freedoms were violated.
Since the lawsuit was filed, Betty said she has heard from City of Windsor lawyers who plan to appear before a judge and push for the case to be dismissed.
According to Betty, more people have come forward since the complaint was filed. He predicts that by the end of it, there will be 30 plaintiffs involved.
Other city workers who are already part of the lawsuit include early childhood education workers, data analysts, a municipal forester and manager of forests and natural areas, several Enwin employees and a personal support worker from Huron Lodge.
These staff were put on unpaid leave in November 2021 and the layoffs began in January, according to the group’s indictment.
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