Canada’s Big Five Banks end mandatory COVID-19 vaccine policies

After imposing mandatory vaccine requirements for employees back in August, The Globe and Mail is reporting that Canada’s Big Five Banks have:

• Suspended or fully removed the compulsory policy over the last six weeks.
• Are allowing unvaccinated staff to work in offices and branches without having to comply with additional safety measures, such as rapid testing.

The Big Five Banks is a term used in Canada to describe the five largest financial institutions in the country: Royal Bank of Canada, Bank of Nova Scotia, Canadian Imperial Bank of Commerce, Bank of Montreal and Toronto-Dominion Bank.

The banks all took a firm stance on mandating vaccines in the workplace in August 2021, requiring all employees to prove their full vaccination status by a certain date in order to enter any bank premises. Both CIBC and BMO made it mandatory for all employees, even those working virtually from home, to be vaccinated.

However, as public health restrictions, such as gathering limits, indoor mask requirements, and vaccine mandates have been lifted across the nation, banks and other companies such as Canada’s top accounting firms are easing their restrictions as well.

If you are an employee at one of Canada’s Big Five Banks and have questions about your employment rights you should consult with an employment lawyer at Samfiru Tumarkin LLP. 

Can my employer mandate the COVID-19 vaccine?

In Canada, an employer can’t automatically impose a vaccine mandate for non-unionized employees. Any policy that attempts to force employees to fully vaccinate against COVID-19 may be illegal due to discrimination based on perceived disability, and a violation of their human rights.

A company’s policy on vaccinations may be considered legal if the government that regulates the workplace (provincial or federal) mandates vaccinations for that particular workplace or sector of employment.

Can you be fired for refusing to be vaccinated?

Unless vaccinations are mandated by government, a company cannot legally terminate an employee for cause if they refuse to get fully vaccinated against COVID-19. That said, you can’t physically prevent your employer from ending your employment relationship. In that situation, the employer will owe you monetary damages through a severance package.

An employee may be able to claim wrongful dismissal against their employer if they are let go without the proper amount of severance pay – up to 24 months’ pay – or no severance package at all.

Use our Severance Pay Calculator to discover your severance pay entitlements.

Is an unpaid leave legal?

An employer does not have the ability to place an employee on an unpaid leave of absence because they aren’t vaccinated against COVID-19 (unless there is a government mandate in place for that business that allows for it). It is illegal for a company to unilaterally pause someone’s work and income. An employee placed on any type of temporary layoff, whether related to vaccinations or not, can treat it is a termination and obtain severance through a constructive dismissal claim.

Can fired unvaccinated employees get their job back?

If you have been fired from your job for refusing to get vaccinated, your ability to potentially get your job back comes down to what kind of employee you are.

• Provincially regulated employees: You can’t get your job back, but your employer is likely required to give you full severance pay in accordance with provincial legislation and common law.
• Federally regulated employees: According to legislation under the Canada Labour Code (CLC), federally regulated workers, including bank employees can file a claim for unjust dismissal. It applies when you have been fired in a manner you feel to be unjust or arbitrary. In some cases, an unjust dismissal may lead to your reinstatement to your previous position. However most dismissals result in the parting of ways for these employees with a severance package.

How Samfiru Tumarkin LLP can help you

If you are a non-unionized bank employee in Ontario, B.C. or Alberta, and have questions about your rights regarding workplace vaccine policies, unpaid layoffs, being called back to work or losing your job, you should consult with an employment lawyer at Samfiru Tumarkin LLP.