Employment Lawyer on Ottawa Now Talking Mandatory Vaccines

As more news is provided concerning the available COVID-19 vaccines, Canadians are raising concerns over their workplace rights. Will employers mandate vaccines in the workplace? Can employees refuse to take a vaccine? Will they be penalized if they choose to opt-out?

Ottawa employment lawyer Alex Lucifero at Samfiru Tumarkin LLP joins Kristy Cameron on Ottawa Now to answer these questions and more.

What They Discussed

Can your employer ask you to get a COVID-19 vaccine?

Many people are asking the question “Can I be forced to take a COVID-19 vaccine by my employer“? An employer can ask an employee to receive a vaccine but cannot force or require a vaccination. There are some industries and workplaces that will benefit from employees to be vaccinated.

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How can an employer ask for a vaccine but is not able to ask for other health considerations such as not to smoke?

The rights of various parties involved have to be taken into consideration. Dignity and privacy rights, such as the choices made for one’s own body and other individual freedoms would make it an uphill battle for employers to force vaccinations.

Are there different regulations for employees who work in healthcare regarding vaccines?

An employer can encourage employees to take a vaccine. There are potential other solutions for employees who are unwilling to take a vaccine. Employers also have an obligation to keep their workplaces safe. If other employees are put at risk, accommodations for employees who refuse to take a vaccine could be implemented.

My employer has mandated annual flu shots. Is that illegal?

If it is a term of employment that has already been agreed to by the employee, there isn’t much recourse after the fact. However, if it is a new stipulation that was not previously agreed upon, and is not a term of employment, there will be repercussions for that employer if they try to impose it.

I don’t feel safe at my workplace as health and safety regulations are repeatedly being broken. What should I do?

If an employee has brought these concerns to management and nothing is being done, the next step for an employee would be to contact the Ministry of Labour. Employers have an obligation to maintain a healthy and safe workplace. If there are still no steps taken after, an employee can resign and still receive severance as it will be considered a constructive dismissal.

Do employees who complain to the Ministry of Labour face repercussions from their employer?

An employee cannot be penalized for raising concerns with the Ministry of Labour. Any consequences faced by the employee would be considered a reprisal and an employer would face serious repercussions.