A Saskatchewan labour arbitrator, Daniel Ish, noted the Regina Coop Refinery workers each "had a sincere personal objection to an invasion of their bodily integrity and protection of private health information."
The duo, Ward Rubin and Dallas Shuparski, long-time employees in good standing, were fired in 2022 after refusing to either produce proof of vaccination or submit to COVID tests to go to work.
According to Blacklock's Reporter which first broke the story of the ruling, 570 employees of the refinery took the vaccine and 50 opted for regular testing. The only two who refused to do either were Rubin and Shuparski.
In his ruling, Ish ordered the men to be rehired:
They posed no health hazard to other employees. It is difficult to see what the prejudicial impact on the employer would have been by allowing Mr. Rubin and Mr. Shuparski to remain on an unpaid leave of absence.
The challenge to the firing was brought on behalf of Rubin and Shuparski by Unifor Local 594.