Employment lawyer answering questions about vaccine policies at work

Interview Summary

With companies and employers continuing to implement vaccine mandates at the workplace, employees are faced with conflicting information. Many employees are unaware of how to pursue their rights and what they are still entitled to in regards to vaccination and health and safety.

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP joins Global News on the Morning Show to discuss ongoing confusion surrounding vaccine mandates and more.

Interview Notes

What are an employee’s rights vs. an employer in regards to vaccine mandates?

Employers are obligated to provide a healthy and safe work environment for all staff. However, employees have a right to their own civil liberties and the right to privacy. In most cases, it will depend on the workplace itself and whether or not there is a government mandate in place that imposes mandatory vaccinations or not.

Is there a difference between unionized employee rights and non-unionized?

Unionized employees have to speak to their union representatives and must speak to their own union on their rights and stance on vaccine mandates. Unionized employees cannot seek outside legal counsel. Non-unionized employees seem to have more flexibility and options regarding vaccines.

Will employees be able to claim exemptions from vaccination due to religious or health reasons?

Under Human Rights legislation accommodation is required on the basis of religion or disability, or medical exemptions. There appear to be very few medical exemptions in relation to the COVID-19 vaccines however the exemptions do exist. Employees with legitimate exemptions must be accommodated by their employer.

Are there more lawsuits as a result of workplace vaccine policies?

Samfiru Tumarkin LLP has received thousands of calls in relation to vaccine policies in various work sectors. Many employees are worried about losing their employment and potential financial difficulties. It is important to note that employees who have lost their job as a result of their vaccination status are still owed severance.

Are vaccine mandates contributing to employees resigning from their employment?

Since the beginning of the pandemic, many employees have reassessed their priorities and their positions of employment. Many unvaccinated employees could potentially be out of a job if vaccine mandates are reinforced in workplaces.