The federal employment department must pay $5,000 in damages plus lost overtime to a Christian passport clerk suspended for refusing a COVID-19 vaccine after her religious exemption request was rejected.

As first reported by Blacklock’s Reporter, federal labour adjudicator Adrian Bieniasiewicz found the department breached the Canadian Human Rights Act in its treatment of Michelle Tati.

Tati, who earned $55,000 annually, was suspended for four months after supervisors dismissed her request for accommodation. She testified that she had been a practising evangelical Christian since 1988 and believed she needed God’s approval before receiving a vaccination.

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She also raised religious objections to the use of fetal cell lines in vaccine development or testing.

The Public Sector Labour Relations and Employment Board accepted that her beliefs were sincere and ruled she should have received an exemption.

“Her beliefs are neither fictitious, capricious nor made in bad faith and do not constitute a contrivance,” Bieniasiewicz wrote.

The award includes compensation for overtime lost during her suspension, in addition to the $5,000 in damages.

The decision turns on a principle established by the Supreme Court of Canada: religious protection does not depend on whether officials agree with a person’s beliefs.

In its 2004 Syndicat Northcrest v. Amselem ruling, the court recognized protection for sincerely held personal religious convictions. That case involved Orthodox Jewish residents seeking to erect temporary religious shelters on their condominium balconies despite restrictions under the building’s bylaws.

The majority cautioned against judging a claimant’s sincerity primarily through past religious practices, emphasizing the belief held when the alleged interference occurred.