640 Toronto interview on employee rights and COVID vaccines

Interview Summary

Canada has slowly increased its COVID-19 vaccine distribution and in so doing, many employers and employees have raised concerns regarding their rights in the workplace. What will employers be able to mandate? Can employees be penalized for refusing to be vaccinated?

An employment lawyer and associate at Samfiru Tumarkin LLP joins 640 Toronto to discuss employee rights regarding COVID-19 vaccines.

Interview Notes

Can employers ask employees to be vaccinated before returning to work?

Employers currently are unable to request or demand employees are vaccinated as there is no government policy requesting they do so. Employers are within their rights to implement policies that encourage employees to be vaccinated, but cannot infringe upon employees’ human rights.

Do provincial governments in Canada have the power to implement mandatory vaccine policies?

Legislation can be enacted regarding mandatory vaccines however it is important that human rights legislation has also adhered to, such as medical or religious reasons. If there is legislation put in place by a provincial government, employers will be more able to rely on government policies to request vaccines at the workplace.

If an employee is fully vaccinated and more immune to COVID-19, why are they concerned with other employee vaccinations?

The primary purpose of the vaccine is to protect those who are vaccinated however legislation could be put into place in order to prevent vaccine hesitancy.

Can employers request those who are not vaccinated continue to work remotely if possible?

In some industries, employees could potentially have to be vaccinated in order to perform the basic functions of their job. If an employee is unable or does not wish to be vaccinated, an employer is within their rights to request further health and safety measures are taken such as working remotely, in order to maintain a safe work environment.

LEARN MORE
Can somebody lose their job for refusing to get a COVID-19 vaccination

Are there certain businesses, such as airlines, in which staff will have to be vaccinated?

Some industries require travel and in many countries, vaccines are required in order to travel. These policies could potentially affect whether or not an employee is able to perform the duties required by their position. If an employee is unable to perform as they can’t be vaccinated, their employment agreement is considered frustrated.