Tide Turning on Vaccine Mandates & Terminations: National Post interviews lawyer

A Toronto man terminated for refusing the COVID-19 vaccine and rapid testing was also denied Employment Insurance as it was deemed he was terminated for misconduct.

Cecchetto challenged the decision but ultimately was ruled against by a federal court.

What could this mean for other employees who were terminated as a result of their vaccination status? Will they see similar rulings?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke to the National Post’s Tom Blackwell regarding the case and its potential impact on employment laws.

“Where unions have tried to overturn a vaccine mandate entirely, they have inevitably lost, particularly in sensitive, in-person workplaces,” said Pinkus.

“But there have been some exceptions in cases that dealt with narrower issues around how the mandates were imposed.”

Pinkus goes on to explain that employers often imposed broad vaccine policies without considering the context.

“In some cases, employers claimed to be following the rules set down by health authorities but imposed their own, distinct edicts. The Ministry of Health did not give anybody the right to terminate people without severance,” said Pinkus.

“What they encouraged them to do is have a policy in place and encourage employees to be vaccinated. Very different things.”

Ultimately, Pinkus reiterated that the tide may be turning for employees due to the changing role of the vaccine.