A federal labour tribunal has ordered the federal government to compensate a long-serving public servant who was placed on unpaid leave after refusing the COVID-19 vaccine on religious grounds.
Mathieu Lemay, who had worked for the federal public service for 15 years, was employed at the Department of Public Safety and Emergency Preparedness when his request for a religious exemption from the federal vaccination policy was denied. As a result, he was placed on leave without pay in March 2022.
In a recent decision, the Federal Public Sector Labour Relations and Employment Board ruled that Lemay was entitled not only to back pay and lost benefits, but also to $5,000 in damages for emotional harm.
Adjudicator Christopher Rootham found that the unpaid suspension caused Lemay “pain and suffering,” particularly through a loss of dignity and self-worth. The damages were awarded under section 53(2)(e) of the Canadian Human Rights Act, which allows compensation for emotional distress resulting from discrimination.
The federal government introduced its COVID-19 vaccination policy for public servants on Oct. 6, 2021. The policy required employees to be fully vaccinated, while allowing exemptions for medical reasons, religious beliefs, or other prohibited grounds of discrimination. Employees seeking accommodation were required to submit written attestations explaining their circumstances.
Lemay applied for an exemption in 2021, arguing that vaccination conflicted with his religious beliefs. In his application, he wrote that his faith required trust in “God’s power to heal” and that using a vaccine when it was not strictly necessary to save his life would contradict those beliefs.
He also argued that enforcing vaccination as a condition of employment undermined the principles that had guided his work ethic and long service to Canadians.
Although Lemay was initially told in October 2021 that his request was still under review, he was informed in February 2022 that his exemption had been denied. He was given a deadline of March 3, 2022, to become fully vaccinated or face unpaid leave.
After requesting a written explanation and confirmation that his beliefs had been considered sincere, Lemay was told by his employer that he had failed to demonstrate how his religious beliefs prevented him from complying with the policy.
He was officially placed on leave without pay on March 18, 2022.
The vaccination mandate for federal workers was suspended in June 2022, allowing Lemay to return to work on June 20. While the employer had already agreed to reimburse his lost wages for the period he was off work, the tribunal considered whether additional compensation was warranted.
Rootham rejected the employer’s argument that the extraordinary nature of the pandemic justified its actions. He concluded that the evidence showed Lemay experienced real frustration and disappointment during the unpaid suspension, which met the threshold for pain and suffering under human rights law.
In addition to confirming Lemay’s entitlement to full back pay and benefits, the tribunal ordered the federal employer to pay $5,000 in damages, marking another significant ruling related to pandemic-era workplace policies in the federal public service.
