Air Canada has been directed to compensate seven of its pilots after an arbitrator ruled that the airline discriminated against them on religious grounds during the COVID-19 vaccination mandate introduced in 2021.
In a decision issued on March 3, arbitrator James Hayes concluded that the airline violated both the collective agreement with its pilots and the Canadian Human Rights Act by refusing the pilots’ requests for religious exemptions and placing them on unpaid leave.
The dispute dates back to August 2021 when Air Canada introduced a mandatory COVID-19 vaccination policy. The airline required all employees to be fully vaccinated and submit proof of vaccination by October 30, 2021, citing safety concerns for passengers and staff as well as federal government rules requiring vaccination in the transportation sector.
However, seven pilots represented by the Air Line Pilots Association (ALPA) requested exemptions on religious grounds. Their requests were initially rejected by the airline, and they were placed on unpaid leave starting October 31, 2021.
In contrast, other pilots who had been granted exemptions earlier were placed on paid leave while their accommodation requests were being reviewed. According to the arbitration ruling, this difference in treatment resulted in the seven pilots losing several months of income.
Hayes found that the airline had wrongly assessed the pilots’ requests and had imposed unnecessary requirements, including asking them to provide written explanations from religious leaders to support their claims. The arbitrator said religious beliefs are deeply personal and do not require validation from a religious authority.
“All of the grievors testified honestly, and the connection between their religious beliefs and their objections to the vaccination policy was clear,” Hayes wrote in the decision.
The seven pilots were eventually granted religious exemptions several months later and placed on unpaid leave with benefits beginning May 9, 2022. By that time, however, they had already lost income during the earlier period when others were receiving pay.
Hayes ruled that the pilots should have been treated the same way as colleagues who received exemptions earlier and placed on paid leave while their requests were evaluated.
As a result, Air Canada has been ordered to compensate the pilots for the wages they lost between October 31, 2021, and May 9, 2022. The airline has been given 60 days to calculate and pay the damages.
The pilots’ union had argued that the airline misunderstood its obligations under the Canadian Human Rights Act and unfairly dismissed the pilots’ objections as personal preference rather than genuine religious belief.
Air Canada, meanwhile, maintained that exemptions were granted only when employees could demonstrate a sincere religious belief that prevented vaccination. The airline said it had rejected requests based on personal choice, fear of the vaccine, or claims it considered scientifically unfounded.
In his ruling, Hayes rejected the airline’s position that certain testimony should be ignored because it had not been presented during the initial exemption requests. He emphasized that the pilots were given a fresh opportunity during arbitration to explain their beliefs and concerns.
Ultimately, the arbitrator accepted the pilots’ testimony, noting that each identified as a committed Christian and explained their objections as a matter of faith.
The decision concludes that the airline should have granted the exemptions from the beginning and treated the pilots equally with their colleagues who had already been accommodated.
