Employment lawyer Dan Balkaran on federal vaccination mandates

Interview Summary

The federal government of Canada has recently affirmed their decision to mandate vaccinations for certain federal and federally regulated employees. This is the latest vaccination policy update that has caused some employees to raise concerns about job protection and basic employment rights. What can employers in specific sectors mandate for employees? Do employers have an obligation to provide alternatives to vaccination?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP joins Mike Smyth on Global News Radio 980 CKNW to answer these questions and more concerning vaccination and employee rights.

Interview Notes

What is the status of the recent federal government’s vaccine policy?

The federal government will be able to progress its vaccine policy in accordance with the other minority parties and at this time there is no indication when the policy will be legislated. There are many challenges to this policy; some of these challenges are political but others are purely practical consequences for employees who will not be employed if not vaccinated. Legally, the federal government has the ability to regulate federally regulated employees but cannot regulate provincial employees.

What rights do employees have to refuse vaccination?

Unless a government mandate is in place, an employer does not have the right to require employees to be vaccinated. In reality, an employee does not have the ability to prevent an employer from firing them. Employees have to assess their choices and the alternatives they have and possibly work towards a compromise with their employer. Employees who are terminated as a result of their vaccination status should still be owed their full severance entitlements.

Most of my customers have requested vaccinated only technicians attend the sites but I am not vaccinated and now have fewer work hours. Can I still put in a claim for E.I?

Unionized employees have to speak to their union representatives regarding their rights. Employers are in a difficult predicament in workplaces that are client-facing as health and safety as well as business concerns are significant. Non-unionized employees should speak to an employment lawyer regarding their rights if significant changes to the terms of their employment have occurred.

I’ve been working from home and am a federal employee. Can I still be forced to be vaccinated?

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Returning to the office from remote work

Employees who previously were not working from home could be called back to the workplace by their employer. Employees who have alternatives working at the office should try and work towards a compromise with their employer.