Kelowna Law Courts

(KATHY MICHAELS / iNFOnews.ca)

A Kelowna nurse is suing her former employer, claiming she was wrongfully dismissed from a private surgical centre after it enforced its vaccine policy.

Sally Riske worked at Okanagan Health Surgical Center for 18 years until she was placed on unpaid leave for failing to get vaccinated in compliance with the company's vaccine policy on Oct. 4, according to court documents.

In the notice of claim, Riske alleges she abided by all other health and safety policies "without objection," including regular testing, masking and social distancing, and there was no public health order in B.C. that required vaccination at the private practice.

She also claims her employer failed to provide "reasonable notice of termination or pay in lieu."

Okanagan Health Surgical Centre announced its policy requiring a COVID-19 vaccination for employees on Aug. 20, according to court documents.

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Riske, 67, claims that placing her on a leave of absence because she failed to comply with the policy amounted to a "constructive dismissal," which is a situation where the employee is not directly fired, according to federal government labour laws.

"Rather the employer has failed to comply with the contract of employment in a major respect, unilaterally changed the terms of employment or expressed a settled intention to do either thus forcing the employee to quit," the Government of Canada interpretation of the Labour Code reads.

Riske claims that she was subject to "verbal harassment, condemnation and embarrassment in front of her colleagues" because she did not comply with the policy.

She also pleaded that the vaccine policy was "ineffective, disproportionate, unreasonable and unnecessary," adding that there was no COVID-19 outbreaks prior, and claiming the policy was motivated by "political reasons" rather than workplace safety.

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There was also no allowance for alternatives like testing and the policy infringed upon her privacy and bodily autonomy, according to court documents.

The civil claim, filed at Kelowna Law Courts by lawyer Osaro Obaseki, on Riske's behalf, seeks relief including damages or a wrongful dismissal equivalent of 24 months notice and out-of-pocket expenses.

Provincial health authorities enacted a vaccine policy for healthcare workers at public health facilities on Oct. 26, but it does not apply to those working in private practices.

Public health officer Dr. Bonnie Henry continues to work with colleges that regulate healthcare workers in B.C. in attempts to determine the best course for a vaccine policy in private settings, according to a ministry of health spokesperson.

"Dr. Henry has said publicly that it is more complicated than initially expected because we need to have a way for the colleges to receive and verify information about the vaccination status of registrants," a ministry spokesperson said in an emailed statement. 

Riske remains authorized to practice and her current employer is still listed as Okanagan Health Surgical Center, according to the B.C. College of Nurse and Midwives.

The claims have not been proven in court and the Okanagan Health Surgical Centre has not yet filed a reply.

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