A Vancouver pharmacist is suing London Drug, alleging the company wrongfully dismissing her after she refused to get a COVID-19 vaccination.
Lina Reid, who worked as a staff pharmacist at the store for 16 years, was told in August that her employer was introducing a policy requiring all of its employees to be fully vaccinated.
She and her colleagues were told that it was expected that the policy would extend to future booster shots as recommended by public health.
On Nov. 1, after refusing to be fully vaccinated, she was placed on unpaid leave for an undetermined length of time, according to her lawsuit filed in B.C. Supreme Court.
The 60-year-old claims that there is no agreement or term of employment between herself and London Drugs that allowed the vaccine mandate to be imposed and that by putting her on unpaid leave, the company effectively wrongfully dismissed her.
She says that since the beginning of the pandemic in March 2020, the defendant London Drugs has been able to operate safely by following public health guidelines, including masking, social distancing, contact tracing and health questionnaires.
“The plaintiff specifically pleads that the unilateral decision to now require vaccines and testing could not have been a bona fide occupational requirement as the defendant has repeatedly demonstrated that it can operate safely without such a requirement,” says the lawsuit.
“This point is further underscored by the fact that the British Columbia government has specifically chosen not to impose a vaccine mandate on the defendant or the general population.”
Osaro Obaseki, a lawyer for Reid, declined to disclose his client’s reasons for refusing to get vaccinated.
“Ultimately the reasoning behind it is kind of immaterial to the analysis.”
He said that his law firm has a number of other similar lawsuits across Canada but added he’s unaware of any court decisions to date.
In an emailed statement, London Drugs said that while it would not comment on an outstanding legal dispute with a specific employee, the company has numerous policies and procedures in place intended to protect the health and safety of their employees and customers.
“All employees, including pharmacists, are currently required to show evidence of full vaccination or demonstrate negative COVID status through ongoing screening,” said the statement.
“We are confident our health and safety measures are appropriate, justified and strike a fair and measured balance protecting the rights of our employees and creating a safe work and retail environment for all. London Drugs is confident its workplace safety policies would be upheld in any court proceedings.”
https://vancouversun.com/news/local-news/pharmacist-at-b-c-s-london-drugs-sues-for-wrongful-dismissal-over-covid-jab-order