CJAD interview about COVID-19 and employee privacy rights

Interview Summary

As vaccination rates increase across the country and restrictions lift, employers and employees will once again have to navigate new rules in the workplace. Will employers be able to ask if employees have been vaccinated? Will an employee’s right to privacy hinder possible requests from their employer?

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Montreal now on CJAD 800 to answer these questions and more.

Interview Notes

Are mandatory vaccinations legal?

The health and safety of the workplace is vital and an employer does not get to decide what is considered safe. The government sets out guidelines and rules as to whether or not a workplace is safe. As there are no current government mandates regarding vaccines, an employer cannot decide to implement mandatory vaccinations without approval.

What options do employees have if they are worried about returning to the office?

Employees have a right to a healthy and safe work environment and can refuse unsafe work. However, if an employer has taken all necessary steps and followed public health guidelines regarding the workplace, employees who refuse to work are considered to have resigned.

Does the work environment and industry matter when considering vaccinations?

In Quebec, the provincial government has mandated vaccines in healthcare settings for all staff. Unless the government mandates vaccines or new health and safety guidelines for other industries, employees will have to follow their company policies.

Can unvaccinated employees pursue legal action?

Employees who are in industries that require vaccinations, such as a job that requires frequent travel, have to follow certain stipulations in order to do their jobs. Employers that are not covered by government vaccine mandates can’t fire a worker for cause if they don’t get the jab.