Lawyer Alex Lucifero talks to CBC News about mandatory vaccines

As the cases of COVID-19 continue to rise across the country, the federal government, as well as many businesses, have announced mandatory vaccines policies at the workplace. Will employees who refuse these mandates face consequences? What can employers actually impose at the workplace without legislation?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CBC News‘ Mark Gollom to explain employee rights.

Do employers face legal action if they pursue mandatory vaccines?

Lucifero explains that each situation will be different for employers and employees. “There’ll be a bunch of different factors that will be taken into consideration,” Lucifero says. “I imagine eventually there will potentially be different laws for different industries or groups of employees. For that reason, it makes it extremely complex and there is no ‘one size fits all answer.”

Refusal to get vaccinated and termination

Lucifero says it is important to remember that employees who refuse to adhere to mandatory vaccines due to a medical condition or for religious reasons cannot be penalized or terminated as it would be considered discriminatory. Employers, however, generally are able to terminate employees for any reason.

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“An employer can actually let you go for no particular reason at all. That’s what we call a ‘without cause’ termination,” Lucifero says. “Your employer doesn’t even need a reason to let you go as long as the proper amount of severance is paid.”