Canada’s top accounting firms end mandatory COVID-19 vaccine policies

After imposing mandatory COVID-19 vaccine requirements for employees in the fall of 2021, the Toronto Star is reporting that Canada’s Big Four accounting firms have: 

• Suspended or fully removed the compulsory policy over the last three months.
• Are allowing unvaccinated staff to work in offices without needing to confirm their vaccination status or having to comply with additional safety measures, such as rapid testing.

The Big Four accounting firms is a term used in Canada to describe the four largest professional services networks in the country: KPMG, Ernst & Young, PricewaterhouseCoopers, and Deloitte.

The firms all took a strong stance on mandating vaccines in the workplace in September 2021, requiring all employees to prove their full vaccination status by a certain date in order to enter any office premises.

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

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

Timeline of events

• March 2022: Of the The Big Four accounting firms in Canada, Deloitte was the first to lift its COVID-19 vaccine policy.
• April 2022: Shortly after the provincial governments lifted their vaccine mandates in April, PricewaterhouseCoopers followed by ending the vaccine requirement for their staff. The company claimed that as employees return to the office, they will have separate floors for mask-wearers and those who are comfortable without wearing one.
• June 1, 2022: Vaccine policies for Ernst & Young offices and sponsored events was ended. The company said its employees may still have to confirm their vaccination status if requested by clients.
• June 15, 2022: KPMG dropped their vaccine mandates for all employees, allowing unvaccinated staff to return to the office setting.

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 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 with a severance package for federally regulated workers.

How Samfiru Tumarkin LLP can help you

If you are a non-unionized employee at an accounting firm in Ontario, Alberta or B.C., 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.