Announcement

Collapse
No announcement yet.

Settlement conference

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by rockscan View Post
    This religious accommodation has not been found to be legit as per the human rights tribunal. The idea that major religious entities like the Catholic church support the vaccination means it is not an acceptable accommodation. Your employer is not refusing to accommodate you. You have an unreasonable request to be accommodated. I have yet to hear of a case won by employees requesting accommodation or removal from a vaccination policy. Same with the Ontario Human Rights Tribunal. That group even put out a preliminary statement which basically said they would hold up vaccination policies.

    Just because you believe you should be accommodated does not mean your employer is legally obligated to do so. And just because you can work from home is not a reasonable excuse. If you work for an organization that requires all employees to be vaccinated as part of their employment with the organization, it doesn�t matter what you do or where you do it, it is a condition of employment. Much like taking training, following organization rules and policies. I have only seen accommodations for those with severe allergies and even then it is a time extension to seek out a medical expert.

    More than likely your employment will be terminated in 13 weeks in which case you will need to find a new job. Either way you will be ordered to pay cs based on what you are capable of earning. Better start looking at plan b and possibly plan c.
    The religious accommodation has not been found to be legit, but have they been proven to be illegitimate by tribunal/courts?

    According to the CHRC :

    Is there a Duty to Accommodate requirement for people who cannot receive a vaccine?
    Employers have a duty to accommodate only those people who are unable to receive a vaccine for reasons relating to a prohibited ground of discrimination under the Canadian Human Rights Act.
    Employers and service providers will need to explore reasonable options for accommodating such people, unless doing so would cause undue hardship to the employer or service provider considering health, safety and cost.

    According to the OHRC:

    Personal preferences and singular beliefs not protected
    The OHRC and relevant human rights laws recognize the importance of balancing people’s right to non-discrimination and civil liberties with public health and safety, including the need to address evidence-based risks associated with COVID-19.

    Receiving a COVID-19 vaccine is voluntary. At the same time, the OHRC’s position is that a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code. The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code.

    While the Code prohibits discrimination based on creed, personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.

    Even if a person could show they were denied a service or employment because of a creed-based belief against vaccinations, the duty to accommodate does not necessarily require they be exempted from vaccine mandates, certification or COVID testing requirements. The duty to accommodate can be limited if it would significantly compromise health and safety amounting to undue hardship – such as during a pandemic.

    My religious beliefs are not singular/personal - they are tied to a sincerely held religion/creed(Not Catholic or Christian)

    The info on the CHRC/OHRC are not legal rulings either.

    Comment


    • #17
      i recall someone trying the religion creed at the hospital and similar points that you are making and it was quickly refuted

      this is not a scenario that will play out well for you and i am sympathetic to your situation

      i am also impressed that rockscan got it on the first guess

      Comment


      • #18
        Originally posted by Kkc View Post
        i am also impressed that rockscan got it on the first guess
        My job includes HR and I have been a part of ALLLLLLLLLL of these arguments.

        What you posted from the OHRT is pretty clear—they do not consider personal beliefs a creed. What they are saying is your religion is a personal belief and they do not consider it. This is not the same as many of the other religious accommodations (for instance accommodating workers who have to pray or wear specific clothing). You can argue all you want, the bottom line is the two human rights organizations do not see religion as a legitimate argument against the vaccination. Therefore an employer will not be ordered to accommodate you.

        Like I said, start making some plans or selling belongings because you will be required to pay support. The only “accommodation” for non payment of support is for those on Ontario Works or ODSP. Even people on EI have to pay it and sometimes that’s most of their income!

        Comment


        • #19
          as an aside, our pediatrician took 27 minutes to convince her to let them be vaccinated

          their school just got shut down and she remains unvaccinated for a bogus exemption and exposes kids to non vaxxed

          there is no majority parent and the sep agreement is mute on decision making so it is presumed shared

          i wonder what the outcome will be if i push through court..for sure the best interest of kids issue will be questioned on her

          Comment


          • #20
            Originally posted by rockscan View Post
            My job includes HR and I have been a part of ALLLLLLLLLL of these arguments.

            What you posted from the OHRT is pretty clear�they do not consider personal beliefs a creed. What they are saying is your religion is a personal belief and they do not consider it. This is not the same as many of the other religious accommodations (for instance accommodating workers who have to pray or wear specific clothing). You can argue all you want, the bottom line is the two human rights organizations do not see religion as a legitimate argument against the vaccination. Therefore an employer will not be ordered to accommodate you.

            Like I said, start making some plans or selling belongings because you will be required to pay support. The only �accommodation� for non payment of support is for those on Ontario Works or ODSP. Even people on EI have to pay it and sometimes that�s most of their income!

            It is not a singular/personal belief though it is a religious sincerely held belief.
            How would it be considered a singular belief if i have a religious leader who has personally endorsed a letter written to my employer?

            Comment


            • #21
              Originally posted by HonestHelp View Post
              It is not a singular/personal belief though it is a religious sincerely held belief.
              How would it be considered a singular belief if i have a religious leader who has personally endorsed a letter written to my employer?

              I’m not here to debate what is or isn’t a belief. The human rights commission sees it as a personal belief because the majority of religious heads have endorsed vaccination. There are maybe three “fringe” groups that are against it and as a result the human rights tribunal does not see it as legit. There are plenty of catholics who have had their priest or the head of the regional catholic group sign forms and they are not upheld. I don’t set their rules, I’m simply saying they have already come out to say they do not hold it as anything but personal belief.

              My statements are mainly to advise you that you will not get far in family court arguing your employer will not accommodate you or you have an undue hardship. The courts have already upheld vaccine policies in challenges and the human rights tribunal has stated they don’t see it as requiring accommodation. Therefore you will be required to find an income for child support purposes.

              Comment


              • #22
                ...listen to her

                if she is making this argument and taking the time to write this out, imagine what a lawyer would do..it would be a massacre

                your options remain

                1. get the shot
                2. talk to your employer and see if u can work from home
                3. find a job that doesnt have that policy
                4. pray your ex will show sympathy given she has a similar view point

                Comment


                • #23
                  Settlement conference

                  Originally posted by Kkc View Post
                  your options remain

                  1. get the shot
                  2. talk to your employer and see if u can work from home
                  3. find a job that doesnt have that policy
                  4. pray your ex will show sympathy given she has a similar view point
                  No these aren’t his options.

                  Only 1 and 3 are options.

                  And employers don’t make mandates. They make policies and as such they don’t necessarily have to accommodate.

                  My responses are basically to assist a self rep make smart decisions. There are a lot of smart self reps out there. Arguing a losing point makes judges dislike self reps making it hard on the ones who are reasonable.
                  Last edited by rockscan; 11-25-2021, 06:14 PM.

                  Comment


                  • #24
                    Originally posted by Kkc View Post
                    ...listen to her

                    if she is making this argument and taking the time to write this out, imagine what a lawyer would do..it would be a massacre

                    your options remain

                    1. get the shot
                    2. talk to your employer and see if u can work from home
                    3. find a job that doesnt have that policy
                    4. pray your ex will show sympathy given she has a similar view point
                    I would add this one:

                    5. Hope that your ex doesn't have a lawyer that she listens to and changes her radical religious beliefs to align to the court to crush you in court.

                    See what you don't realize OP is that you are clearly not in agreement nor in sync with the other parent because you are in COURT and not settling this out like two mature adults. Only people in conflict go to court. So there is already a reason you are going to court.

                    A parent, who truly cares about their children will put their CHILDREN'S BEST INTERESTS before their nonsense "religious" beliefs. So you would rather be unemployed and unable to support your children based on your nonsensical religious beliefs than feed your children and make sure they have a roof over their heads.

                    Good luck in court... if the other parent makes a shift to requesting that the children get vaccinated and leaves their religious beliefs at the court room door you will be screwed.

                    Also, in most religions "divorce" is a mortal sin... So your religious argument will be mocked by most Judges because um... ya... you are in a court sinning.

                    Comment

                    Working...
                    X