Sask. refinery fights order to reinstate two workers fired for refusing COVID-19 testing policy
A Regina employer is asking the court to quash a provincial arbitrator’s order to reinstate two employees who were fired for failing to follow the company’s COVID-19 vaccination and testing policy.
Ward Rubin and Dallas Shuparski were both fired from the Co-op Refinery in late January 2022 after several months of progressive discipline over their refusal to follow a company policy requiring employees to submit either proof of vaccination or the result of twice-weekly rapid antigen tests.
In September, provincial arbitrator Daniel Ish found the two men were wrongfully terminated, even though he said the reasons they provided for refusing to comply with the policy were not “overly compelling.”
In his defence, Shuparski sent the company nine anti-vaccination documents he printed off the internet, including a cease and desist letter from Romana Didulo, the self-styled "Queen of Canada."
He said the company failed to consider less drastic ways of dealing with the employees, like putting them on unpaid leave while the policy remained in affect, which their union representatives had suggested.
According to a notice of application obtained by CTV News, the company is disputing the order and asking a King’s Bench judge to either quash the decision and dismiss the two men’s grievances, or send the grievances back to arbitration.
A spokesperson for the Consumers’ Cooperative Refinery Ltd. confirmed the company applied for judicial review in October, but declined to comment further.
In its application, the company argues Ish came to an “unreasonable” conclusion and failed to consider relevant factors. It says his assertion that the two employees had a “clear and unfettered disciplinary record” is based on a “misapprehension.”
“[The decision] fails to consider relevant factors, including the seriousness and pattern of the grievors’ conduct, the grievors’ lack of apology or remorse, the employer’s use of progressive discipline and the grievors’ stated intentions going forward.”
The company also challenges Ish for relying on “post-termination evidence.”
CTV News contacted Unifor Local 594 for comment, but has not received a response.
The judicial review hearing is expected to take place in April, 2024.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976345.1722029432!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
BREAKING Celine Dion performs at the 2024 Paris Olympics
Beloved Canadian icon Celine Dion made her much-anticipated appearance during the closing of the 2024 Paris Olympic Games opening ceremony.
Jasper wildfire: 'Several weeks' before Jasper can return, premier says
Premier Danielle Smith said Friday afternoon in Hinton while weather conditions are cooler, the Jasper fire is still considered out of control and that Jasper residents can expect to be away from their homes "for several weeks."
'He was just gone': Police ramp up search for vulnerable 3-year-old boy in Mississauga, Ont.
Police in Mississauga are conducting a full-scale search of the city’s biggest park for a non-verbal toddler who went missing Thursday evening. Sgt. Jennifer Trimble told reporters Friday morning that there has been no trace of three-year-old Zaid Abdullah since 6:20 p.m., when he was last seen with his parents in Erindale Park, near Dundas Street West and Mississauga Road.
Driver charged after flashing high beams at approaching police
Orillia OPP arrested and charged a driver with impaired driving after flashing their high beams.
Canada's Christine Sinclair: 'We were never shown drone footage'
Canada soccer great Christine Sinclair said on Friday national team players were never shown drone footage during the more than two decades she was on the team, following a spying scandal that cast a shadow over the Canadians at the Paris Games.
Winnipeg senior's account overdrawn $146,000 for water bill
A Winnipeg senior is getting soaked with a six figure water bill.
Irish museum pulls Sinead O'Connor waxwork after just one day due to backlash
An Irish museum will withdraw a waxwork of singer-songwriter Sinéad O’Connor just one day after installing it, following a backlash from her family and the public, it told CNN in a statement on Friday.
At least 4 buildings burned at Jasper Park Lodge, others damaged: Fairmont memo
The Fairmont Jasper Park Lodge said Thursday afternoon most of its structures are 'standing and intact,' including its iconic main lodge.
She couldn't stop thinking about the guy she met at the Athens Olympics. Then a message from him changed her life
Omaira Gill grew up counting down the days to each Olympic Games. She wasn’t especially sporty, so she ruled out the prospect of competing pretty early on. But she still harboured Olympic dreams – even just spectating would do.