Legal Challenge No. 3 - Long-Term, Non-Unionized NB Public Servant
vs Government of New Brunswick
Stand 4 Freedom NB has taken on the wrongful dismissal claim of a long-term, non-unionized NB public servant who was terminated for cause for not agreeing to the government's initial vaccinate or test policy of September 2021.
The hearing for the case is set for April 11-13, 2022 and to our knowledge it will be the first case heard in New Brunswick, and possibly Canada, to decide if employers can terminate non-unionized employees for cause for not vaccinating or testing.
As such, this case will have huge precedent value going forward, in terms of other employees terminated for cause, and possibly in terms of helping employees who were put on leave without pay get their back-pay (which government is refusing to pay currently).
The government is expected to call witnesses from senior ranks of the civil service and public health, which mean that our legal team will have the opportunity to examine them with respect to their justification for the workplace vaccine mandates.
A decision by adjudicator George Filliter on May 10, 2022 found in favour of the government, upheld the termination for cause, and dismissed the grievance.