Challenges with COVID-19 Vaccines at Work: 980 CKNW

Interview Summary

Many employers and employees across the province of British Columbia are questioning how the workplace will continue to change as a result of the pandemic. Will employers be able to mandate vaccinations? What options do employees have who are not and do not wish to be vaccinated?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke with 980 CKNW’s George Affleck (filling in for Mike Smyth) to answer these questions and more.

Interview Notes

Is it possible for the Canadian government to mandate vaccines?

Many employers in B.C are waiting to see the repercussions and strategy of American companies and their vaccine mandates. Canadian employers and employees should remember that the workplace environment could make a difference and question how difficult it could be to ask clientele and staff to prove proof of vaccination. Employers in B.C have an obligation to keep the workplace safe and this obligation could lead to mandatory vaccines in the future.

As it stands right now, employers generally can’t force employees to get a COVID-19 shot.

Can unvaccinated employees sue their employers?

Employees can sue an employer for termination without adequate severance, however, an employer is permitted to terminate an employee for any reason as long as it is not discriminatory. Employees who have not been vaccinated can’t be fired for cause.

Is mandating vaccines in the workplace similar to drug and alcohol testing?

Mandating vaccines would be very difficult to mandate in the workplace, similar to cannabis testing as legalization is still fairly new and there is not enough in place in order to test adequately. Similarly, the pandemic is still considered a new phenomenon and employment law and employee rights are still changing as a result.

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Is it easier to mandate vaccines for government employees?

Many private-sector employers are awaiting legislation from the government that could help implement vaccines policies in the workplace.  Legally, the same challenges remain in mandating vaccines for government or private-sector employees.

Where does WorkSafeBC fit in regarding vaccinations at work?

WorkSafeBC provides guidance for employers and employees on how to ensure the workplace remains safe for all employees. WorkSafe is also an outlet for employees to file complaints regarding an unsafe work environment. As some employees return to the office with restrictions lifting, those who feel their workplace is unsafe can file a complaint and await an investigation.

How should small business employers implement health and safety policies?

Many employers are encouraging employees to be vaccinated while implementing policies that incentivize employees to do so. Employees should still be able to choose whether or not they wish to be vaccinated but could have limitations in the workplace if they choose not to be vaccinated.