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‘Religious beliefs’ different than ‘strongly held personal beliefs’: Tribunal rejects appeal from unvaccinated CNRL worker

by HR Law Canada

A Canadian Natural Resources Ltd. (CNRL) worker who was suspended without pay after refusing to comply with the company’s COVID-19 vaccination policy on religious grounds has had his case dismissed by the Human Rights Tribunal of Alberta.

C.S. sought a review by the Tribunal of an earlier decision by the Director of the Commission to dismiss his claim

On Sept. 23, 2021, CNRL implemented a policy requiring all employees, contractors, and site visitors to be fully vaccinated against COVID-19 by Dec. 1, 2021. C.S., seeking an exemption based on his religious beliefs, was denied on the grounds that his application did not establish a connection between his decision not to be vaccinated and a specific religious tenet.

Subsequently, he was suspended from work without pay on Dec. 22, 2021.

The Director of the Commission found that C.S.’s objection to the vaccination policy did not engage the protected characteristic of religious beliefs.

“Fundamentally, a religious belief is not only one that is held sincerely, but one which also has a link to a tenet of religious faith which calls for a particular line of conduct,” that decision read. “In this way, religious beliefs are differentiated from other types of strongly held personal beliefs.”

The Tribunal maintained the dismissal, noting that the complaint lacked a reasonable prospect of success. The Director’s ruling stated that an individual must provide an objective basis to establish that their belief is a tenet of a religious faith, emphasizing that “personal views and bodily autonomy were not religious beliefs within the meaning of the Act.”

For more information, see Scott v Canadian Natural Resources Ltd., 2024 AHRC 42 (CanLII).

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