Do employers face legal action with mandatory vaccines?

Interview Summary

As COVID-19 cases continue to rise across the province and there is fear of another wave. employers and businesses are considering vaccine passports and mandatory vaccine policies. Can employers face repercussions if employees are terminated based on vaccination status? What rights do employees have in refusing to be vaccinated?

A Toronto employment lawyer at Samfiru Tumarkin LLP joined Global News Radio 640 Toronto with Arlene Bynon to answer these questions and more.

Interview Notes

Where do mandatory vaccines fit in employment law?

As there have been no changes in employment law in regards to vaccines, currently, employers are not permitted to enforce mandatory vaccines at the workplace. In order for employment laws to change, there would have to be government legislation

What options and rights do employees who are not vaccinated have?

Employees should have open communication with the employer of their concerns and ask why and if vaccination is necessary, and whether or not accommodations are possible. Employees should also remember that if they have a medical condition or their religion prevents vaccination, they cannot be penalized by their employer as it is considered a violation of their human rights.

Will employees in different sectors have stricter vaccination policies?

The federal or provincial government may implement legislation that enforces vaccines in certain sectors, such as in healthcare due to the high-risk nature and vulnerable population involved. If legislation is passed regarding vaccines, employers will have the ability to enforce mandatory vaccination in the workplace.

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Can I be fired if I don’t get vaccinated?

Can vaccinated employees refuse to return to work due to fear for their health and safety?

Currently, vaccines are not mandatory and so the health measures in place are presumed to be enough to keep all staff safe at work. Employees who refuse to return to work could be considered to have abandoned their jobs if their employers are following all public health guidelines.

Could universities and colleges with vaccine mandates face legal action?

As mandatory vaccines are a very contentious issue, universities could potentially face legal action and lead to court cases in order to provide guidance on human rights.