Summary

On March 11, 2022, Robbie Walsh (“Walsh”) filed a complaint against 16142 Yukon Inc. (Northern Environment Services) alleging discrimination on the basis of his disability in the area of employment under subsections 7(h) and 9(b) of the Yukon Human Rights Act. Following an investigation, the Yukon Human Rights Commission (the “Commission”) referred the complaint for adjudication. The Yukon Human Rights Panel of Adjudicators formed a Human Rights Board of Adjudication (the “Board”) to hear the complaint from October 1-2, 2025. They found that Walsh had been discriminated against and awarded a cumulative remedy of $17,500.

​Northern Environment Services was an employment contractor for Victoria Gold Corporation and had hired Walsh in early 2022 to work at the Victoria Gold mine site.  Walsh was unable to receive a second dose of the COVID-19 vaccine after developing pericarditis from the first dose, which qualified him for a medical exemption from the COVID-19 vaccine. Walsh was unable to board a scheduled flight to commence work in the Yukon because the airline required a doctor’s certificate certifying his COVID-19 vaccine exemption. Walsh obtained the required doctor’s certificate shortly afterward and he contacted Northern Environment Services to reschedule the flight. Northern Environment Services dismissed the Complainant stating that the mine did not accept the Complainant’s QR Code for proof of vaccination against COVID-19, and because of the issues with the airline.

The Commission and Walsh made the same arguments about discrimination. No representatives of Northern Environment Services attended the hearing or provided evidence. ​

Decision

The Board considered whether Northern Environment Services discriminated against Walsh on the basis of his physical disability (pericarditis) by dismissing him from employment due to his inability to be fully vaccinated for COVID-19. ​The Board found that the Commission and Walsh had established a prima facie case of discrimination on the basis of physical disability. ​

The Board then considered whether Northern Environment Services had a legal justification for its conduct. That is, could Northern Environment Services demonstrate that the vaccination requirement was a Bona Fide Occupational Requirement or that accommodating Walsh would cause undue hardship. Northern Environment Services failed to provide evidence supporting a legal justification for their conduct.

Accordingly, the Board concluded that Walsh was discriminated against and Northern Environment Services did not provide a legal justification for the discriminatory conduct. ​

Remedies Awarded by the Board: ​

  • General Damages: $7,500 for injury to dignity, feelings, and self-respect. ​
  • Specific Damages: $10,000 for financial loss due to five weeks of unemployment. ​

Download the PDF of the decision here.