Ottawa employment lawyer on Omicron variant’s impact on workplaces

Interview Summary

Employees across the province of Ontario continue to face obstacles obtaining their rights if unvaccinated. Despite caution from legal experts, employers have terminated employees for cause. What can employees in facing a lack of financial security do to pursue their rights?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with Matt Skube and CTV Ottawa to discuss the ongoing policy and entitlement confusion.

Interview Notes

What qualifies as a wrongful dismissal for employers and employees?

Employees have been wrongfully dismissed if they have been terminated and not offered an adequate amount of severance pay. Many employees incorrectly assume that a wrongful dismissal occurs due to the reason of the termination.

Can employers terminate employees for a refusal to adhere to COVID-19 protocols?

Employers are permitted to terminate an employee for any reason as long as it is not discriminatory and severance is offered. It becomes more difficult for an employer to terminate an employee for cause as employees cannot be fired for cause for simple errors or mistakes.

Has there been a precedent set for wrongful dismissal cases related to COVID-19 regulations and policies?

In a non-unionized setting, there have not been any court decisions regarding unvaccinated employees and severance pay, or any other COVID-19 policy associated terminations. In the vast majority of situations, employees would still be owed severance even if found to be breaking protocols. Terminations for cause are considered the most severe offence for employees in Ontario.