9.2 Employee Rights (Work in Progress)
This section borrows from and is an Indian adaptation to some of the amazing and inspirational work done by the brave people of Canada in their website – StandUp Canada.
All sections in Red Font are work in progress in terms of adaptation to Indian laws & situation.
Questions To The Employer
(This Template May Be Used, If You Are Being Forced By Your Company To Take The COVID-19 Injections [“Vaccines”])
There are three major issues at hand with what employers and unions are doing.
1. Asking employees to disclose their private medical status – revealing if they are vaccinated or not
2. Asking employees to undergo a medical treatment that requires their “informed consent” – to become vaccinated
3. Employees who are non-compliant for not disclosing their private medical status, or who refuse to become vaccinated are being financially penalized – put on “Unpaid Administrative Leave” and losing their jobs
This is vitally important that employees understand that all of these are UNAPPROVED “conditions” of employment that DO NOT CURRENTLY EXIST.
In other words, this is a major breach of your employment contract, whether it is in the form of a collective agreement (unionized) or employment contract (non-unionized).
- this could be considered extortion under section 346(1) and
- assault under section 265 of the Criminal Code of Canada
You need to look at your current collective agreements (unionized) or your employment contracts (non-unionized) to see if there are any:
- needing to disclose your personal and private medical status in order to retain your employment
- become vaccinated in order to retain your employment
“leave provisions” for:
- putting you on “Unpaid Administrative Leave” which is involuntary leave without pay; this is punitive and you should not be penalized for any medical choice you make; you need to be accommodated for your medical choices
If there are none of these “conditions” or “leave provision” in there, your employer is in breach of your current employment contract!
If you are unionized:
- ask your union for written proof of their negotiated discussions with the employer for these non-existent conditions of employment that are not currently in your current collective agreement; remember, your union is your legal representative between you and the employer
- ask your union to file a policy grievance for all of these non-existent conditions to your employment and disciplinary measures imposed by the employer
- if your union will not support you on this, file a complaint with the labour relations board for Duty to Fair Representation (there are 2 boards; 1 for provincial and 1 for federal)
If you are not unionized:
- ask your employer why they have unilaterally changed your employment contract without consulting you first; remember, you have already agreed to the terms and conditions of employment before you started working there
- if there are any new conditions, they need to be negotiated between yourself and your employer – and that they need to be legal; remember that since vaccination in Canada is voluntary, forced/mandatory vaccination is illegal
Bottom line: If your employer is introducing new “conditions” of employment or “leave provisions” that do not currently exist, this is a major breach of your employment contract – and you need to do something about it!
Note: There is two types of “leave without pay”.
1. “involuntary leave without pay” that your employer puts you on as a means of discipline; and
2. “voluntary leave without pay” that employees put themselves on – e.g. taking time off for personal reasons, etc.
Employment issues with mandatory “vaccination”
If your employer is forcing mandatory vaccination, and you feel you have no choice but to submit to this because they have stated you will be disciplined or will lose you job, and you have received one or more injections, this could be extortion under section 346(1) and assault under section 265 of the Criminal Code of Canada [see 5. Without Consent it is Assault] or assault / extortion as an intentional tort (Intentional torts are wrongful acts done on purpose. The person does not need to actually mean harm, but the other person ends up hurt anyway, such as in a prank. Or, the person can definitely mean harm, such as domestic violence cases.)
- consent is NOT obtained where an employee submits or does not resist by reason of exercise of authority
If you plan to submit to these injections based on duress
- advise your employer in writing that YOU DO NOT CONSENT to this medical treatment and that you are only submitting to this under extreme duress by force of fear, intimidation, and full force of exercise of authority of threats of discipline and/or job loss
- please obtain an immediate complete physical prior to getting this injection; this will be evidence of your medical health before the injection; if there are any injuries resulting from the injection, this will be your proof to help you claim for any damages
If you have already submitted to these injections and did so only under duress
- advise your employer in writing that you only consented to this(these) injections under extreme duress by force of fear, intimidation, and full force of exercise of authority of threats of discipline and/or job loss
Find other like-minded people who are in your situation and stand together
Find a criminal law lawyer for extortion under section 346(1) and/or assault under section 265 of the Criminal Code of Canada or intentional tort, if this situation applies to you.
Mandatory vaccination in all employment contexts is illegal, unconstitutional, discriminatory and unenforceable.
If you do not consent to take the covid-19 vaccine
- do not quit your job or resign
- if you do, it will make it impossible to prove wrongful dismissal
- advise your employer in writing of your legal rights to decline medical treatment – send them a Notice of Personal Liability
If you do not consent to take the covid-19 vaccine and you are disciplined or your employment is terminated
- find an employment lawyer and seek damages for abuse of authority and/or wrongful dismissal/violation of your contract
- send a Notice of Personal Liability for damages of lost income and other harms
If you sign an employment contract whereby you agree to be vaccinated with the covid vaccine as a condition of employment
- you will not be able to hold your employer liable for any injuries related to receiving this “vaccine”
Societal issues with mandatory “vaccination”
No one can force you to undergo any medical treatment, such as mandatory vaccination unless you have been deemed incapable of making these important decisions for yourself. In those cases, you will have a substitute decision maker for you.
Businesses, organizations, your Church, your friends, family and neighbours cannot force you or even ask you to take these covid injections, as a condition of participating in society. This is the ultimate discrimination of our human rights and will most certainly divide society. It is also illegal and unconstitutional as described above.
- take the same course of action as listed under “Employment issues”
- file a human rights complaint
- file a small claims court application or civil lawsuit for damages
IF THE VACCINE IS SUPPOSED TO PROTECT YOU, THEN WHY ARE YOU ASKING OTHERS TO TAKE IT? YOU ARE ALREADY PROTECTED.
If you decide to take any of these covid injections, please do your own research to inform yourself. We have presented enough evidence here that you are not receiving “information” about the risks of these injections or the safer alternatives available to you.
Societal and Legal Implications
It is up to the individual whether they want to get the covid-19 vaccination or not. But that choice must be free for the individual. In law, that choice must be a free one.
Please watch this powerful 5-minute video of Julie Ponesse as she gives her last ethics lesson at Western University on September 8, 2021.
At the time of this video, Julie Ponesse was a Professor of Ethics at Huron College at the University of Western Ontario – one of the largest universities in Canada.
Her employment was terminated due to her medical choice not to vaccinate.
– why was Ms. Ponesse not accommodated for her medical choice?
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