Alex Lucifero on CFRA, on vaccination status

Interview Summary

Employers and employees are beginning to embark on the next phase of the pandemic as vaccinations increase and COVID-19 cases continue to decline. What will the workplace look like now that many people have been vaccinated? What will employers be permitted to ask of their employees?

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

Interview Notes

Does employment law currently favour those who are vaccinated?

Employment law regarding COVID-19 and the vaccines are still developing. Currently, there is a vested interest in vaccinating employees from both an employer and employee perspective. Employers cannot penalize employees who are unable to be vaccinated, as they could be violating their employee’s human rights.

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Do employers have any recourse in regards to employees who are anti-vaccination?

In non-unionized settings, employers will have the right to terminate employees without cause and will still have to offer adequate severance. Employees who are let go cannot be terminated for cause and employers should be wary of terminating employees due to vaccination status as it could be considered discriminatory.

Will employees who have been vaccinated have more rights than those who have not?

Health and safety in the workplace is of the utmost importance, and employers have an obligation to follow public health guidelines. Employees who are immune-compromised and cannot be vaccinated will have to be accommodated within reason.

If an employee’s job has been eliminated, do they still have rights to severance?

Employees who have been terminated are entitled to their full severance entitlements even if a business has closed or shut down. The only exception to severance entitlements is if an employer has declared bankruptcy.

Do employers have to accommodate employees who remain at home in a caregiving role?

Employers have the right to recall employees back to the workplace when health and safety measures allow it. Employees who are in caregiving roles, such as childcare obligations, and have no other options, can be permitted to remain working from home.