Employee rights when employers remove vaccine mandates

As COVID-19 positivity rates decline, and government mandates for masking and vaccination lift, many employers are reversing their COVID-19 vaccine policies in the workplace. Read on to learn more about the rights of employees as employers lift their vaccine mandates.

Can I get my job back if I was already fired because of my employer’s vaccine policy?

If you were previously let go because of your employer’s mandatory vaccination policy you will most likely not be able to get your job back once their vaccine mandate ends. However, you are still likely owed severance pay if there was no government mandate to back up your company’s vaccination policy.

I lost my job due to my employer’s vaccine mandate. Am I owed severance?

Employees who were let go because of their employer’s vaccine mandate are likely entitled to severance pay. If there was no government mandate that required employees in your sector to get vaccinated against COVID-19, the termination is considered to be “without cause“. This mean that you are still entitled to full severance pay.

I was put on an unpaid leave of absence. Should the company bring me back to my original job?

Yes. If you were put on an unpaid leave of absence because you didn’t satisfy your employer’s COVID-19 vaccine mandate, your employer should recall you as soon as they lift their mandate.

LISTEN: An Ottawa employment lawyer at Samfiru Tumarkin LLP, joined Newstalk 580 CFRA to talk about an employee’s rights if they were put on an unpaid suspension for failing to get vaccinated.

What happens if my employer doesn’t bring me back from an unpaid leave?

Employees who are put on an unpaid leave due to a vaccine mandate may be able to treat their employment as having been terminated and pursue a constructive dismissal claim. This applies to employees who are still waiting on an unpaid leave even after their employer ends the company’s vaccine mandate. Individuals in this situation have an even stronger argument for constructive dismissal and can pursue a fair severance package with the help of an employment lawyer at Samfiru Tumarkin LLP.

Can they bring me back from an unpaid leave to a different job?

No. Your employer does not have the legal right to change the terms of your employment without your consent. This means that your employer can’t bring you back to the workplace with duties that differ from what you had before your suspension. You can treat the change to your job as a termination and leave with severance. An employment lawyer at Samfiru Tumarkin LLP can make a claim for constructive dismissal and help you get the compensation you are owed.

If another wave of COVID-19 hits, can my employer reintroduce a vaccine mandate?

Your employer could reintroduce a vaccine mandate in the future, but without government support or a mandate backing it, they would not be able to fire employees for cause (without severance pay). Just as before mandates lifted, at no point is an employer justified in firing an employee for cause or placing them on unpaid leave because they chose not to get the vaccine.

LEARN MORE
• Vaccine passports in Ontario: The facts
• Proof of Vaccination in British Columbia: The Facts
• Alberta COVID Restrictions: What You Need to Know