City of Toronto fires 461 employees for refusing to vaccinate

The City of Toronto announced Wednesday that they have terminated 461 employees who have not complied with the city’s vaccination policy. The policy came into effect in September, and employees were originally given until October 30 to comply. The deadline was eventually extended to January 2, 2022.

All of the employees who were let go either had not received any doses of the COVID-19 vaccine or had not reported their vaccination status. They had previously been suspended and the city is reporting that their absence does not affect current staffing levels. However, the recent surge of COVID-19 cases due to the Omicron wave could lead to staffing shortages. The city is anticipating a worst-case scenario that could see 50 percent of staff absent either due to illness, self-isolation, or quarantine requirements due to close contact with an infected person.

248 employees who have received one dose of the vaccine are awaiting a decision as to whether they will be provided more time to get their second shot. Requests for accommodation have been made by 37 city employees, who are still awaiting a decision.

The city is reporting that so far 98.6 percent of their staff have complied with the COVID-19 vaccination policy.

Severance pay for City of Toronto employees

All non-unionized City of Toronto employees who are fired for refusing to vaccinate by January 2, 2022, are entitled to severance pay. This is the case whether they are let go with or without cause. Since compliance with a COVID-19 vaccination policy was not an initial term of employment, the city cannot implement such a policy during employment and fire for cause employees who do not comply.

Too often employees are not offered the correct amount of severance when they are let go and have therefore been wrongfully dismissed. If your employment was terminated by the City of Toronto, it is critical that you speak to an employment lawyer at Samfiru Tumarkin LLP to make sure that you receive all the compensation you are entitled to.

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