Employment lawyer on vaccine requirements impacting E.I benefits

Interview Summary

As more private businesses implement COVID-19 vaccine mandates, employees face termination if they refuse to get vaccinated. What will this mean for their rights to employment insurance? Will unvaccinated employees face further difficulties regarding compensation if terminated?

An employment lawyer and Associate at Samfiru Tumarkin LLP joined Andrew Pinsent on Newstalk 580 CFRA to answer these questions and more.

Interview Notes

Do unvaccinated employees have any options in regards to Employment Insurance?

Employers in most workplaces are not generally permitted to enforce mandatory vaccinations. Employees can choose whether or not they wish to potentially lose their job or get vaccinated. In most situations, employees would have to be terminated without cause and employers will have to bear in mind human rights exemptions.

Are there reasonable alternatives to vaccination that employers can implement at the workplace?

Employers need to look at the context of the workplace, such as remote working structures. Policies in the workplace must be reasonable. Employers are within their rights to implement regular COVID-19 testing, social distancing, etc. Employees also have to be reasonable and bear in mind the health and safety measures necessary for certain sectors.

What is the first step employees and employers should take if they’re unsure of their workplace policies?

Both employers and employees should reach out to an employment lawyer for legal advice as soon as possible and if they’re unsure of their next steps. Employees should seek counsel before agreeing or signing any documentation and policy agreements.

Will unvaccinated employees who lose their jobs qualify for EI?

Currently, there seems to be mixed messaging. The employment minister of Canada has announced that employees who were terminated as a result of their vaccination status might not be eligible for EI however the EI commission has not made a decision. The test in order to qualify for EI is if an employee has lost their job due to no fault of their own and whether or not an unvaccinated employee qualifies has still not been determined.