Lawyer Jon Pinkus on enforcing vaccines in the workplace in BC

Interview Summary

The provincial government of B.C has recently announced a vaccine passport for residents in order to access non-essential events and venues. This is the latest step many consider in mandatory vaccinations for all residents. What will this mean for employers and employees? What rights do employees have to refuse vaccinations?

Jon Pinkus, an employment lawyer and Partner at Samfiru Tumarkin LLP joins Adam Stirling on Victoria’s CFAX 1070 to answer these questions and more.

Interview Notes

What obligations do employers have to their unvaccinated staff?

In specific sectors, such as recreational spaces, employers will have a much stronger ability to request staff be vaccinated due to the provincial health mandate regarding unvaccinated customers. Employers who do not fall within these parameters will not have the same freedom to impose ultimatums concerning vaccinations.

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How are human rights potentially violated with mandatory vaccines?

Every individual has a right not to be discriminated against based on their medical status, such as their ability to be vaccinated. In B.C there are also religious and political exemptions that could impact mandatory vaccines. Human rights exemptions will only go so far if an employer is required by law to have staff vaccinated.

Will the provincial government clarify whether or not legal claims can be brought against this policy?

Employees who are terminated and do not fall within specific sectors that have been outlined by the province and are not offered severance will be able to pursue a wrongful dismissal suit. Employers should be wary of terminating employees for cause due to their vaccination status if there is no law imposing mandatory vaccines for their workplace.