The national authorities suspended its vaccine request to enactment successful the nationalist work successful June 2022 but is nevertheless facing ineligible enactment implicit the measurement astatine location and besides abroad, with a erstwhile worker of the Canadian embassy successful Poland seeking compensation implicit however she was treated.
“The vaccine mandate was genuinely unfortunate for Canadians but of nary relevance whatsoever for Polish unit of the Embassy,” Karolina Janiak told The Epoch Times successful an interview.
“Any actions resulting from it towards Polish citizens similar myself are illegal, and that is wherefore I went to court.”
Janiak had been moving arsenic locally-engaged unit astatine the embassy successful Warsaw since 2005, with her past relation arsenic commercialized commissioner.
The Liberal authorities imposed the vaccine mandate connected federally-regulated workplaces successful October 2021, which included diplomatic missions, but Janiak sought a aesculapian exemption to debar the injections.
Before she was capable to unafraid 1 she was enactment connected permission without wage successful December 2021 and past resigned successful February 2022 successful bid to unafraid caller employment.
“Being awarded and praised for years for my work and afterwards being treated similar that and coming adjacent to my fifties is an earthquake,” she said. “Being a azygous ma with a owe and with ostentation now… I had to redesign myself.”
The Epoch Times has reviewed Janiak’s non-public tribunal filings arsenic good arsenic interior communications betwixt her and her Global Affairs Canada (GAC) superiors, and betwixt the parties’ respective lawyers.
GAC was besides contacted for remark but didn’t reply earlier work time.
The assertion filed by Janiak successful April 2022 with the District Court for Warsaw-Śródmieście argues that nether Polish instrumentality employers cannot mandate vaccination against COVID-19 and that they cannot unilaterally spot employees connected permission without pay.
Diplomatic missions run nether the Vienna Convention, which grants a acceptable of immunities to the overseas country, but the assertion asserts that locally-engaged unit are protected by home labour laws.
Janiak is requesting astir $40,000 successful compensation positive interest.
She says the embassy has nary immunity successful matters of labour relations and could beryllium sentenced by the court, but it would person immunity connected the execution of the verdict and hence could garbage to supply compensation.
The Canadian government’s presumption is that Janiak is liable for her mislaid occupation owed to her not pursuing a argumentation that needs to beryllium universally applied.
“Your nonaccomplishment to abide by the Policy and the resulting determination by the Embassy to spot you connected administrative permission are grounds wholly attributable to you,” wrote the government’s lawyer Agnieszka Godusławska successful a March 2022 letter.
She wrote that the argumentation principles established by the authorities person a “universal quality and are binding upon each ngo unit successful each countries without exception.”
Godusławska said the sole intent of applying this argumentation is to support the wellness and beingness of embassy staff, guests, and clients.
The content that mandatory vaccination would fulfill this intent was besides expressed by past Canadian Ambassador to Poland, Leslie Scanlon, erstwhile informing Janiak she was being placed connected permission without wage from Dec. 14, 2021.
“While it is wide that vaccines are the champion mode to bring this pandemic to an end, I admit that not everyone tin get vaccinated. This is precisely wherefore the Policy contains an accommodation clause,” wrote Scanlon.
Janiak had told her supervisor, Counsellor Francis Dorsemaine, of repeated attempts to unafraid a aesculapian exemption owed to her wellness concerns surrounding COVID-19 vaccination, highlighting successful a Dec. 9 email 7 antithetic aesculapian appointments from October to December 2021, and notifying him of an upcoming bid of examinations starting connected Jan. 4.
Dorsemaine had told her successful a erstwhile email that Dec. 9 was a “hard deadline” for submitting the paperwork to petition a aesculapian exemption.
The authorities filed its effect to the assertion successful November, with Janiak filing a reply successful mid-December. Janiak says the adjacent measurement volition either beryllium a tribunal proceeding oregon a justice volition contented a default judgment.
Challenge successful Canada
Legal challenges against the national workforce vaccine mandate are besides underway successful Canada.
A radical of Quebec-based nationalist servants known arsenic “Fonctionnaires unis” had its archetypal proceeding connected Nov. 28 with further hearings not yet scheduled to instrumentality spot successful 2023.
The proceedings is being held astatine the Federal Public Sector Labour Relations Board successful Ottawa.
Bernard Desgagné, the group’s coordinator, told The Epoch Times helium wasn’t alert of locally-engaged unit overseas challenging the mandate, but that immoderate GAC employees are progressive successful the lawsuit.