Employment Lawyer on Canada mandating vaccines for federal employees

Interview Summary

The Canadian federal government has decided to mandate vaccinations for some federally regulated employees and air passengers arriving in Canada. Will federal employees be able to refuse vaccinations? Will this mandate influence employers to implement vaccination policies in the private sector?

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Mandatory vaccinations for federally regulated employees

Mackenzie Irwin, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Global News Radio 980 CKNW with Jill Bennett to answer these questions and more.

Interview Notes

What are the ramifications of a federal employee vaccine mandate?

There is motivation on the federal level to vaccinate as many people as possible in Canada as well as a strong push to ensure that workplaces are safe for all employees. This recent implementation is not necessarily a surprise.

What are the privacy concerns regarding vaccines?

Employees might not wish to disclose medical information to their employer regarding their vaccination status. Employers will have to re-visit their privacy policies and how information is kept secure and how the information is used.

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• An employee’s right to privacy and COVID-19 vaccinations

How should federal employees navigate mandatory vaccinations? Who do they speak to?

It is so far not clear how exactly federal employers will mandate vaccinations at the workplace. Employers will have to be aware of how information is collected and to who it is disclosed.  A department or point-person might have to be appointed in order to organize mandatory vaccinations.

Have there been mandatory vaccination policies in workplaces prior to the pandemic?

Mandatory vaccine policies are not necessarily unprecedented as there are certain vaccines required in other sectors, such as in education and healthcare. A COVD-19 vaccination policy is considered unique as there are not many vaccinations required for workplaces without a high-risk population involved.

Can employees in the federal government refuse to be vaccinated?

Mandatory vaccine policy will always be subject to certain exemptions, such as employees with a medical condition or religious reasons. Employees cannot be penalized for refusing vaccination due to protected grounds as it is considered a human rights violation.

Will there be issues with smaller business employers implementing mandatory vaccines?

Currently, small business employers and independent businesses are unable to enforce mandatory vaccines for their employees. There is still no legislation regarding vaccines for all employees in every sector. Employers should be wary of enforcing vaccines before legislation is passed. Employees who work for independent employers could challenge mandatory vaccinations imposed by their employers and could have a claim for constructive dismissal. Severance pay would then be owed.