Victoria News: B.C. public servants head to court around vaccine mandates that led to termination

Action will be taken to court by nine people the week of March 21 to argue injunction, says lawyer.

(Note: as of the date of this article, terminations of B.C. public servants are still pending. – BCPS Employees for Freedom).

March 4, 2022

Authored by Megan Atkins-Baker via Victoria News (emphasis ours),

Umar Sheikh is the representing lawyer on behalf of nine B.C. public servants terminated due to non-compliance with provincial vaccination mandates. (Umar Sheikh/LinkedIn)
Umar Sheikh is the representing lawyer on behalf of nine B.C. public servants terminated due to non-compliance with provincial vaccination mandates. (Umar Sheikh/LinkedIn)

An action in B.C. Supreme Court has been filed by nine B.C. public servants – now facing termination – who refused to show proof of COVID-19 immunization following provincial government orders.

The petitioners are seeking an end to these terminations based on vaccination as a condition of their employment.

According to court documents obtained by Black Press Media, the petitioners say these policies fundamentally alter terms of employment contracts without proper notice, agreement or consent.

Due to a lack of procedural fairness, the regulation should be “quashed,” the action claims.

There were four petitioners that began the injunction and the number has since grown to nine – more people are expected to add their names in the days and weeks to come, said representing lawyer Umar Sheikh. A total of 400 B.C. public servants refused to disclose their vaccination status.

The original four petitioners include privacy officer Karine Bordua, senior manager for major projects Zoran Boskovic, former director of policy and stakeholder relations Philip Davidson and human resources service representative Clinton Chevrier.

Davidson was given a “final warning letter” on Jan. 17 indicating that his employment would be terminated on Feb. 23.

On Thursday (March 3) five more ­petitioners added their names: Emily Coburn, Caterina Bova, Brenda Johnson, Zorica ­Boskovic and Monica Maria ­Zuluaga, said Sheikh.

“It appears that we will be heading to court the week of March 21 to argue the injunction.”

Employees with up to 25 years of service are being fired without severance and only fully vaccinated employees are allowed to work from home and employees on leave without pay, including pregnant employees have been denied EI, Sheikh said.

“This move will cost the government millions of dollars in recruitment, rehiring, retraining and the loss of invaluable expertise,” he added. “We are currently working to add individuals to the petition who have fully complied with the policy as well.”