Seal, who was a Windsor firefighter for more than 15 years, is one of 20 former City of Windsor workers who sued the company after they were fired for not complying with the city’s policy on COVID-19 vaccines. In recent months, employer-enforced vaccine mandates have faced criticism, been suspended and repealed in various industries. The lawsuit, filed Aug. 24, alleges 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 the soul,” Seal told CBC News about the layoff. “I was good enough to work for the City of Windsor for almost two years after the pandemic, and then to be fired in early 2022 was heartbreaking.” Seal is one of 20 other city workers involved in the lawsuit, which alleges the city violated their constitutional rights. (Submitted by Natalie Seal) The city’s policy, dated last September, says people who are fully vaccinated are far less likely to get seriously ill from the virus and “help stop the spread.” In an email, Windsor city spokesman Jason Moore said they don’t comment on individual cases, “especially when litigation is involved.” However, he said the city treated all of its workers the same when it came to enforcing the policy. In January, the city said 104 employees were fired for refusing to be vaccinated or to 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 refuses to do so as she has a right to medical privacy. “I feel that freedom of choice is the very essence of being Canadian. It’s the very spirit of what the Canadian Constitution was founded on,” he said. WATCH: Seal Talks Why She Didn’t Disclose Her Vaccine Status

Natalie Seal talks about her decision not to disclose her vaccine status and the cost

Seal says the decision affected her and her family’s financial situation as she was the sole breadwinner. “We can’t just throw away our human rights and freedoms when something happens.” But the decision not to disclose cost her her career and a lot of stress, she said. Seal was the sole breadwinner for her family with two children under 10 and her husband, who homeschooled their children. “I stand by my decision. I feel I did what was right for me,” he said. “No amount of shame, guilt or coercion from the city of Windsor was ever going to destroy who I am as a person or what I believe, nor do I think any company or employer should be able to do that.”

The firefighters union is pushing back

According to the Professional Firefighters Association of Windsor, the city fired four firefighters for not following the policy. He said the union is seeking arbitration on that, but that the earliest date is next year. Chris Matton, president of the Windsor Professional Firefighters Association, said the union does not agree with the city’s policy and has filed seven complaints and two letters of protest. “It was a terrible time and I have complete 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] so much so, okay, bring them back and try them,” he said.

Police officer policy suspended

Matton also called it “discriminatory” that Windsor police can have a different policy than firefighters. In July, officers who were unvaccinated or did not disclose their status were allowed to return to work after the Windsor police board suspended its vaccine policy. In an email, the city of Windsor said people employed by other public sector entities may have different policies, but that is a result of different workplaces and employers. It said the policy was adopted to ensure community safety and that management continues to “review best practices.” CBC News asked the Department of Health and Premier Doug Ford’s office about why the government hasn’t implemented a consistent policy for frontline workers across the province. Neither has responded.

Toronto firefighters reinstated

In Toronto, a similar battle unfolded that sided with firefighters.
In late August, an arbitrator ruled that while the City of Toronto’s policy was “valuable,” the city did not apply it reasonably. The ruling also said the people should not have been fired immediately. The firefighter attorney works with the employer on the specifics of returning to work. The Windsor group wants the city to declare that suspending or firing the workers was unconstitutional. It also wants the city to drop the 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 beginning March 1, 2022. . The Windsor group’s lawyer, Courtney Betty, told CBC News that the Toronto case sets a precedent for similar cases in arbitration. “We are very pleased with this precedent and the [rationality] and the rationale is certainly along the same lines as we have drawn our claim,” he said, adding that this lawsuit takes it a step further by looking at how people’s rights and freedoms were violated. Seal was a firefighter for more than 15 years in Windsor. He was fired in January this year. (Submitted by Natalie Seal) Since the lawsuit was filed, Betty said she has heard from attorneys for the city of Windsor who plan to go before a judge and push to have the case dismissed. According to Betty, more people have come forward since the lawsuit was filed. She predicts that by the end of it there will be 30 claimants. Other city employees already involved in the lawsuit include early childhood education workers, data analysts, a forester and director of forestry and natural areas, several Enwin employees and a Huron Lodge personal support worker. Those staff members were placed on unpaid leave in November 2021 and layoffs began in January, according to the group’s statement of claim.