Employment lawyer on wrongful dismissals and challenging vaccine requirements

Businesses and employers across the country imposed mandatory vaccine policies within their workplaces and many without the support of the government. As employees lost their jobs, some decided to file wrongful dismissal suits. In recent months there have been some decisions and most seem to indicate employers should be wary.

Chantel Goldsmith, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke to SHRM and commented on the ongoing cases stating, “We’re in a strange limbo period. Over the next year, we’re going to be seeing many decisions from both arbitrators and the courts regarding whether terminations and unpaid leave decisions for unvaccinated employees are permissible.”

Goldsmith goes on to state that each suit will be different and depend on varying factors. “This is not settled law by any means. It’s one of the first of many that we’re going to be seeing. I personally believe we’ll be seeing things on a case-by-case basis. We’re seeing decisions come out on both sides in favour of employees and in favour of employers.”