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Two Christian anti-vaxxers who were fired from their health-care jobs for not getting vaccinated have won a legal victory against Island Health and have been reinstated.

While B.C. labour arbitrator Elaine Doyle described some of their submissions as a "muddle of misinformation" she still ruled that Island Health had breached its duty to accommodate their religious beliefs.

The arbitrator's move doesn't guarantee they'll be able to work again or be paid, but reinstates them with the health authority that then may put them on an unpaid leave of absence.

According to a Jan. 6, B.C. Labour Arbitration Award decision, the case involves health-care workers Annette Zall and Julie Rostas who both worked at Cowichan Home Support in Duncan.

Their union, United Food and Commercial Workers Local 1518, argued Island Health didn't have just cause to terminate their employment because they weren't vaccinated.

The decision said in November 2021, Zall was fired for refusing to get vaccinated.

She handed her manager a "Vaccine Notice of Liability" which claimed the manager was personally responsible for any financial injury she encountered for not taking the "COVID-19 experimental treatments."

Zall testified she was a member of a Christian church and would not take the vaccine because her faith says her body is God’s temple.

She doesn't drink alcohol, smoke or take medicine, although occasionally takes Advil.

Zall claimed the COVID vaccine was a "toxic chemical" which contained fetal cells that come from "the corpses of murdered babies."

The arbitrator found that Zall found many websites that "reinforced" her misinformation.

"I accept that Ms. Zall genuinely believes that she should not put toxic substances into her body and is opposed to abortion as it is contrary to her religious beliefs," the Arbitrator said. "She spent many hours praying for guidance about whether to take the vaccine. She has endured social segregation and loss of income and the job she loved because of her beliefs."

READ MORE: Anti-vaxxer loses legal case against employer over vaccine policy

The union argued she had no scientific basis for her belief.

The arbitrator agreed but said just because her beliefs are misinformed doesn't mean they are less religious.

"There is no scientific evidence that a wafer is the body of Christ, yet millions of people believe that is what they ingest when they take communion," the arbitrator said.

The arbitrator points out the vaccine was developed using fetal tissue from two voluntary abortions that took place in the 1970s and 1980s. The cells are used in the manufacturing process and aren't in the vaccine.

"Scientists now have modified cells that are thousands of generations removed from the original fetal tissue," the decision read. "The Catholic Church has stated that receiving a COVID-19 vaccine that required fetal cell lines for production or manufacture is morally acceptable."

Island Health argued that because Zall's church isn't morally opposed to the vaccine she shouldn't be.

The arbitrator dismissed the union's argument.

READ MORE: B.C. anti-vax teacher suspended for disrupting vaccine clinic

"Based on the misinformation she read on the internet, she believes the vaccines contain toxic chemicals and to take the vaccine would go against her religion’s commandment that she honour her body as God’s temple," the arbitrator said. "She sincerely believes that abortion is murder and contrary to the Bible and that because fetal cell lines were used in the development of the vaccines, taking the vaccine into her body would be condoning that sin and interfere with her relationship with God."

The arbitrator goes on to say that Zall's religious belief was a factor in the decision to terminate her employment and in doing so Island Health breached the B.C. Human Rights Code and her collective agreement by not accommodating her based on her religious objection to the vaccine.

The arbitrator ruled that Island Health must look at accommodating Zall but says because she's unvaccinated that may just mean an unpaid leave of absence.

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