In his ruling, arbitrator Robert Herman said it was wrong for Public Health – which has led the effort to get people in the Sudbury area vaccinated against the deadly virus – to terminate the nurse.
She had sought an exemption from getting vaccinated for religious reasons under the Ontario Human Rights Code. The employee is a devout Roman Catholic and a member of the Latin Mass, a particularly strict part of the church.
Its believers object to the use of fetal cell lines in the development of vaccines. Fetal cell lines are cells grown in a laboratory based on aborted fetal cells collected generations ago.
Herman said despite some inconsistencies in the nurse’s evidence and behaviour, the health unit should have granted her an exemption for religious reasons rather than firing her.