CTV Morning Live: Can fired unvaccinated employees be re-instated?

Interview Summary

As COVID-19 restrictions across the province continue to lift, employees that have lost employment as a result of the vaccine mandate are questioning their rights. Will they be reinstated at their jobs? Can they pursue additional damages and compensation?

Alex Lucifero, an Ottawa employment lawyer and managing partner at Samfiru Tumarkin LLP joined CTV News Your Morning to discuss this ongoing issue and employee rights.

Interview Notes

Will the rollback of vaccine passports permit terminated unvaccinated employees to be reinstated?

Ultimately, non-unionized employees do not have legal recourse to be reinstated to their previous employment positions if they have already been terminated. Some employees who have been put on unpaid leave might be able to resume working however, most employees should look to pursue severance rather than reinstatement.

Do fired unvaccinated employees have an argument to pursue severance pay?

Unvaccinated employees who were terminated due to their vaccination status could always pursue severance pay even if they were terminated for cause if there were no government mandates in place. As mandates are loosed, arguments for severance pay have strengthened. It is important to remember that employers were always facing potential liabilities in terminating employees due to vaccine policies.

How have courts treated wrongful dismissal claims due to vaccine policies?

It is currently too early to determine how courts will decide on wrongful dismissal claims associated with vaccine policies. There have as of yet, only been some unionized wrongful dismissal claims.