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Witness Testimony

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Keywords from Transcript

CBC mandate policy, vaccine status disclosure refusal, leave without pay suspension, Crown corporation applicability dispute, federal directive interpretation, union grievance refusal, Charter proportionality argument, remote work exemption issue, religious exemption denials, benefits cost increase, EI denial misconduct classification, constructive dismissal claim, access revocation, workplace coercion allegation, employment ethics concerns

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Included in the Report:

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Mr. Jean-Philippe Chabot

Software Quality Analyst

Personal Experience

Witness ID:

NCI-W-276

Hearing

Ottawa

Ontario

Date:

May 18, 2023

Report

Inquiry into the Appropriateness and Efficacy of the COVID-19 Response in Canada; November 2023

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Main Topic

Employment suspension without pay at CBC/Radio-Canada following refusal to disclose vaccination status and comply with mandatory COVID-19 vaccination policy while working remotely.

One Line Summary

Jean-Philippe Chabot testified that he was suspended without pay by CBC after refusing to disclose his vaccination status, arguing the mandate was unjustified for remote employees and legally questionable.

Synopsis

Jean-Philippe Chabot, a software quality analyst working for CBC/Radio-Canada’s digital media division in Montreal, testified that he had been working fully remotely during the pandemic and was able to perform all duties from home. In fall 2021, CBC required employees to disclose vaccination status and later mandated proof of two vaccine doses as a condition of continued employment. Chabot refused to disclose his status, citing privacy concerns and professional guidance suggesting disclosure should be voluntary, and argued that the federal directive did not apply to Crown corporations such as CBC.
He stated that his union declined to file a grievance on his behalf despite his arguments based on Charter principles, proportionality, and remote work conditions. On December 1, 2021, his system access was revoked and he was placed on leave without pay. He testified that he was ineligible for employment insurance due to the suspension being categorized as misconduct, was required to continue paying increased benefit premiums, and experienced financial and emotional strain as the sole income earner for his family.
Chabot further testified that the vaccine mandate was later suspended in June 2022 and he was invited to return to work but declined, describing the situation as constructive dismissal and expressing concern that the policy could be reinstated. He stated that he believed the stated objective of workplace safety did not logically apply to fully remote employees and raised broader concerns about institutional ethics and the treatment of employees during the mandate period.

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