From LifeSiteNews

By Anthony Murdoch

Arbitrator Larry Steinberg determined that Fanshawe College erred in mandating that Professor Andrew Wing have the shots as a condition of work despite working from home.

An Ontario arbitrator ruled in favor of a vaccine-free professor who was put on unpaid leave for refusing to comply with his college’s COVID jab policy despite working from home, concluding that the college’s jab mandate was “not reasonable.”

Arbitrator Larry Steinberg, in a ruling released February 20, determined that Fanshawe College, an applied arts college in London, Ontario, erred in mandating that Professor Andrew Wing have the shots as a condition of work despite working from home.

“This case is not about whether the vaccination Policy of the College is reasonable. This case is more narrowly focused only on whether, based on the evidence before me, it was reasonable to apply the Policy to the grievor in the context of his working conditions at the time,” Steinberg wrote in his ruling.

“I find that requiring the grievor to comply with the vaccination Policy was not reasonable and the grievance is allowed. As requested by the parties the issue of the appropriate remedy is remitted to the parties.”

Wing holds a full-time position in the Technical Systems Analysis (TSS) program within the School of Information Technology. All of its classes are remote.

Fanshawe College, like most in Ontario, in November 2021 set mandatory COVID jab policies for staff and students to comply with a provincial government dictate, which was announced a few months earlier. Those that did not comply were fired or placed on unpaid leave.

Wing told the college that he was not going to get the COVID shots and wanted an exemption under Ontario’s Human Rights Code. He was subsequently placed on a three-month leave with no pay that started January 3, 2022.

Wing was not happy with being put on unpaid leave, and with the help of the Ontario Public Service Employees Union Local 110, filed a grievance.

The grievance read, “I grieve that Fanshawe has unreasonably applied its COVID-19 Vaccination policy and as a result has threatened an unreasonable disciplinary action under our Collective Agreement and/or any applicable statues, and in so doing, has violated Articles 4 and 31 of the Collective Agreement along with any other relevant articles and/or laws.”

Wing’s union, as per the arbitrator’s ruling, noted that “There was no credible justification given for the rule requiring that the grievor be fully vaccinated in view of the fact that his work requirements had been and continued to be done remotely.”

Fanshawe College argued that the “policy that everyone who attended on campus had to be fully vaccinated never changed from its inception.”

The college’s human resources department had argued, as per the arbitrator’s ruling, that it was an “administrative burden for the employer to continue to have to check the vaccination status of employees who found it necessary to be on campuses,” and that, “In the grievor’s case this could include meeting with students, attending to technical matters and attending at meetings.”

Steinberg ruled that regarding the human resources department’s claim, “There was no evidence why the grievor could not continue to perform all of these functions remotely as had been since the inception of the program in 2020.”

“I reject this evidence as in any way justifying the requirement that the grievor be vaccinated on the basis of the College’s interest in carrying out its responsibilities,” he wrote.

As for Wing returning to work, in March 2022, he got an email from the college that because he was working remotely he could come back to remote work with pay.

Fanshawe College, like many universities and post-secondary institutions in the Ontario, had in place a COVID jab mandate policy for staff and students that targeted the vaccine-free.

Ontario’s government, under pro-mandate and pro-lockdown Premier Doug Ford, for a time mandated not only mask-wearing, but COVID shots for workers in healthcare and other government settings.

The mandates led to lawsuits against governments and universities and other businesses Canada-wide.

Many institutions along with governments in Canada rescinded vaccine mandates and vaccine passports last year, but not after causing much harm to the unjabbed.

LifeSiteNews has reported on many cases that Canadian arbitrators ruled in favor of the vaccine-free who lost work for not getting the shots.

When it comes to the shots themselves, there is a large body of data showing that COVID jab mandates and passports have been failed strategy for tackling COVID, not to mention the fact that the jabs have been linked to millions of injuries and thousands of deaths.

It is now understood that the COVID virus has a minimal risk of asymptomatic spread, and research indicates that natural immunity from infection of COVID is far superior to vaccine-induced immunity.