REGINA – A Saskatchewan judge has ruled that Consumers’ Co-operative Refineries Limited (CCRL) in Regina was justified in firing two employees for refusing to comply with COVID-19 vaccination and testing protocols in 2021.
Dallas Shuparski and Ward Rubin were terminated in January 2022 after declining to adhere to the company’s policy, implemented in October 2021, which required employees to either be vaccinated against COVID-19 or provide weekly negative test results.
Unifor Local 594, the union representing the workers, declined to comment on the ruling.
“Unifor 594 will not be providing comment at this time,” said union president Richard Exner in an email Wednesday.
The decision by Justice Richard Danyliuk overturned an earlier arbitrator’s ruling that had sided with Shuparski and Rubin. In his March 5 written decision, Danyliuk said the two employees had put their colleagues at risk by refusing to follow health measures during the pandemic.
“Two employees were willing to jeopardize the health and safety of everyone else in that workplace,” Danyliuk wrote, calling COVID-19 the “largest health threat" in the world.
CCRL’s policy, enacted in fall 2021, barred unvaccinated workers from entering the workplace unless they provided a negative COVID-19 test within the previous seven days. The policy took effect November 2021.
Shuparski opposed the mandate, telling his manager he didn’t believe in the policy, arguing it violated his Charter rights.
According to Danyliuk’s 29-page written decision, Shuparski demanded to know whether the virus had been isolated and asked for a safety data sheet (SDS) for the vaccines.
“It is my assumption that he likely meant ‘Safety Data Sheet but I do not know that,” said Danyliuk.
Rubin similarly objected, saying he shouldn’t have to disclose his personal health information.
