The B.C. Court of Appeal has upheld a decision that a doctor from northern B.C. was wrongfully dismissed by Northern Health.
Dr Jannie Du Plessis was fired in 2021 after refusing to get a COVID-19 vaccination. The pediatrician disputed the contract termination and sought arbitration.
Du Plessis worked under contract with Northern Health for 20 years. During the pandemic, he was offering virtual care from home.
Health-care workers were required to be vaccinated to keep working at the time due to a Provincial Health Officer order.
Du Plessis suffered a heart attack in 2019 and refused vaccination because of possible health complications.
Northern health fired Du Plessis, arguing he didn’t honour his contract. They terminated his contract immediately, saying the contract was frustrated.
Court records show the contract required a notice of six months for termination and didn’t include any vaccination requirements.
An arbitrator found the doctor’s work could continue from home without taking the vaccine, meaning northern health had breached the contract. Du Plessis was also awarded over $380,000 for damages and costs.
Northern Health has appealed both decisions, but the court supported the arbitrator’s decision and dismissed the appeals, saying the case was a “unique factual situation.”