For over 17 years, Sue Krysac served her community, working with social assistance recipients. She was called to this vocation by her Lord and Saviour, Jesus Christ. This commitment to Jesus enabled her to excel in her job, and also resulted in her employer firing her after they denied her religious accommodation request.

 

Religious Discrimination and Wrongful Termination

With the changes brought about by Covid in March 2020, most case managers in her department began working remotely. In October 2021, Sue’s employer implemented a Vaccine and Testing Policy. After praying and seeking the Lord’s leading, Sue was convicted that to follow this policy would cause her to sin.

She shared her Christian beliefs with her employer in her request for a religious accommodation and subsequent email, including the following:

  • My body is a temple of the Holy Spirit. I am not my own, but was bought at a price and must glorify God in my body. (1 Corinthians 6:19-20)
  • I am to present my body as a living sacrifice, holy and acceptable to God, which is my spiritual act of worship. (Romans 12:1)
  • Jesus commands me to render to God the things that are God’s (Mark 12:14-17), and this includes my life and body.
  • I cannot serve two masters, both God and money. (Luke 16:13)
  • Whoever knows the right thing to do and fails to do it, for him it is sin. (James 4:17)

After her employer spent 9 months reviewing her request and while Sue successfully worked remotely, her employer terminated her with cause, stating that her beliefs were not religious.

Sue was devastated at the loss of her career and the implications for Canadian Christians to be fired for following Jesus.  After seeking the Lord’s direction, she retained James SM Kitchen and filed a claim for religious discrimination and wrongful termination.

 

Court Decision

Following a 2-week trial, the court’s decision found that there was no religious discrimination, and that termination with cause was appropriate.  This is inconsistent with the Supreme Court of Canada Amselem decision which protects Canadians’ religious beliefs.

The decision in Sue’s case says that Christians can be fired for following the convictions of the Holy Spirit in their lives.  This has far-reaching consequences for Christians and the risk to their employment.  Sue is appealing this decision at the Ontario Court of Appeal.

Readers may support Sue by contributing toward her legal expenses here.

This article was prepared by the editorial team at Kitchen & Wells LLP
to provide general information on current legal matters.