COVID-19 vaccines and ethics in the workplace

Interview Summary

As vaccine distribution continues, reports of American employers like Google implementing mandatory vaccines have also grown. Will employers in Canada also be able to make a COVID-19 vaccine a condition of employment? What effect will this have on employee rights?

Lluc Cerda, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Global News Radio 980 CKNW to discuss the implications of mandatory vaccines in the workplace.

Interview Notes

Could vaccines become mandatory for federal Canadian employees?

The Canadian federal government is governed by the Charter and it could make mandatory vaccines difficult. Due to the Charter, the government would have to justify a change to Canadians fundamental rights and show there is no option other than vaccination for health and safety. A reinforcement of mandatory testing for COVID-19, however, would be easier to implement as many industries already have screenings in place.

Will federal health care workers face different regulations regarding vaccines?

It is not impossible to implement mandatory vaccines however it will be difficult for employers to have a blanket regulation. Front-line workers and long-term care employees do work in a higher-risk environment and so might be subject to strict policies.

Are employees expressing a need for vaccine protocol?

Many Canadians are eager for vaccine distribution to continue and have expressed a desire for government policy regarding vaccines. It is important to remember that individual rights and opinions can at times be in conflict and must still be taken into consideration.

Do healthcare workers in BC face mandatory vaccines in order to work?

The government can decide whether or not vaccines should be mandatory in certain industries and unfortunately, by not implementing legislation, employers are open to grievances and lawsuits. Employers currently do not have the power to mandate vaccines for all employees.

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What options do employees have if their employer requests vaccination in order to return to work?

Employees should consult with an employment lawyer regarding their rights. Employers currently are unable to enforce mandatory vaccines and if an employee is terminated, they are owed their full severance entitlements. Employers should also be wary of terminating or penalizing employees due to vaccination status as it could be considered discriminatory.

What advice should employees and employers heed in regards to vaccinations?

Employers and employees should not rush into any decisions regarding vaccinations and await to hear from legal experts. While there is no current legislation regarding COVID-19 vaccines, that could change. Employees should make sure they are aware of all their rights and be wary of significant changes implemented by their employers and possible punitive measures.