Dan Balkaran, CBC Radio, on government vaccine mandate impact

Interview Summary

As more vaccine mandates at a government level become implemented across the country, unvaccinated employees are questioning their legal rights and entitlements. What are employees owed if they work in a sector that has a government mandate upon termination?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP spoke with CBC Radio On the Coast on the ongoing concerns about mandates and employee rights.

Interview Notes

What is the direct impact of the federal government vaccine mandate for truck drivers?

Normally, employees who are terminated are owed severance entitlements depending on their age, length of employment and position. The vaccine mandate effectively eliminates an employee’s rights to severance and also a worker’s ability to claim employment insurance. Truck drivers who are terminated will not have any recourse against their employers as employers are following a government mandate.

Are other sectors likely to introduce vaccine mandates and policies?

Vaccine requirements were initially connected to safety, and so were introduced in long-term care homes and healthcare facilities. Whether or not other sectors will introduce vaccine mandates might depend on the severity of the pandemic over time, particularly in the healthcare sector.

Have there been legal challenges filed regarding vaccine mandates?

Across Canada, there are varying mandates in place, some federal and some on a provincial level. As a result, there are likely to be lawsuits launched and brought before a court. Currently, there have been no decisions regarding vaccine mandates in court although as the year progresses, that is likely to change.

Is there likely to be more vaccine mandates introduced by workplaces?

Workplaces are likely to take their cues from the severity of cases and public health regulations as time passes and the pandemic continues. Many employees have already lost employment as a result of vaccine mandates.