Alex Lucifero, CFRA, on vaccine passports and employee rights

Interview Summary

The Ontario provincial government has announced a vaccine passport system for all Ontario residents in order to access many non-essential locations and activities. This passport is the latest step towards a rise in vaccination rates across the province. What will this passport mean for employers and employees? Will policies in the workplace have to change as a result of this verification?

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP joins Andrew Pinsent on Newstalk 580 CFRA to answer these questions and more.

Interview Notes

Are there any legal concerns with the Ontario vaccine passport system?

Customers of many venues will have to be vaccinated in order to attend however the employees of these businesses are not required to be vaccinated in order to be employed. There seems to be a clash between what is expected of various individuals who will ultimately occupy the same space. There are legal implications for employers who require employees to be vaccinated without government support.

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COVID-19 Rights in Ontario

What options do employees have if their employers have mandated the COVID-19 vaccine?

Employees who are unable to be vaccinated due to medical or religious reasons cannot be penalized or forced to be vaccinated. Employees who work in a sector in which vaccines have not been mandated by the government should remember that they cannot be penalized or terminated due to their vaccination status.

What difficulties lie ahead without a provincial vaccine mandate for workplaces?

The provincial government seems to be trying to appease residents while still attempting to keep the economy open. It is difficult for many employers and employees to balance the vaccine passport and a lack of mandates.

Will employers be able to fire employees due to their vaccination status?

Despite no government support or legislation, many employers have already implemented their own vaccination policies and are penalizing employees based on their vaccination status. Employers should be wary of terminating employees based on their vaccination status however as there are many alternatives, such as masking or remote working, that can maintain the safety of the workplace. Employers who have fired employees who are unvaccinated can face potential damages and legal repercussions.