Chapman’s Ice Cream clarifies vaccination policy and $1 pay raise

In response to the end of the 5th COVID wave in Ontario, all unvaccinated employee’s at Chapman’s Ice Cream have been given a $1 raise.

Since November 2021, the family-run Canadian company has been the target of backlash and boycotts after introducing a compensatory incentive to raise the wages for vaccinated employees by $1 per hour. At that time, the company did not reveal the status of those who were unvaccinated, and it was widely assumed they were terminated. The implementation of this policy raised a number of questions about human rights and discrimination in the workplace.

Chapman’s released an official statement on May 9, 2022 directed at “those who have been misinformed” which clarified the following concerns:

• Unvaccinated employees were not terminated when they implemented the vaccine policy in November, but were instead required to be rapid tested twice a week.
• Expenses of the rapid tests had been covered by the company; Chapman’s claimed that the $1 wage increase was to “offset the costs of rapid testing for unvaccinated employees.”

It remains unclear whether they are requiring unvaccinated employees to continue to be tested.

Can a company legally incentivize employees to get vaccinated?

Employers must ensure that they are not penalizing employees who are not vaccinated. In addition to providing an incentive to those who get vaccinated, incentives should be provided to employees who are unable to be vaccinated due to medical or religious exemptions as well.

LEARN MORE
• Can a company reward employees for getting the COVID-19 vaccine?
• CTV News interview about Chapman’s vaccine policy
• Global News interview on Chapman’s pay hike for vaccinated workers

A vaccine policy incentive that favours those who receive a vaccine can be potentially discriminatory when considering those employees that are unable to be vaccinated due to medical or religious exemptions.

While the policy might have been implemented with well-intentions, employers must be aware that having an incentive program may also have ill-advised consequences for employees, resulting in potential human rights violations.

Can you be fired for refusing to get vaccinated?

Unless vaccinations are mandated by a provincial or federal government, it is not legal for an employer to terminate an employee for cause if they are refusing to get fully vaccinated against COVID-19. If your employer ends your employment relationship, you may be entitled to severance pay.

If a worker is let go without a proper severance package – potentially as much as 24 months’ pay – an employer may face a claim for wrongful dismissal from the individual. There is potential that the company may face human rights damages for firing or letting an employee go in this situation.

Can you refuse to be rapid tested for COVID?

An employer does likely have the right to have its employees submit to rapid antigen testing for COVID as a reasonable health and safety protocol.

Can your employer make you pay out of your own pocket to be tested for COVID?

The employer should be paying for the tests.

If you lose your job in Ontario, Alberta or British Columbia due to a mandate put in place by your employer, contact the employment lawyers at Samfiru Tumarkin LLP immediately to learn about the compensation you may be owed.