Employer and employee rights regarding vaccine passports

Interview Summary

Vaccine passports officially go into effect in Ontario and with the new public health measure, come a lot of concerns from employers and employees. What should employees expect from their employers regarding their own vaccination status? Are there consequences for employees who are in customer services roles if they are not vaccinated?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joins CTV News Ottawa to answer questions regarding vaccine passports and more.

Interview Notes

Does the vaccine passport apply to employees working within recreational facilities in Ontario?

Legislation in Ontario regarding vaccine passports excludes workers within recreational environments such as restaurants and halls. Employees within these sectors do not have to be vaccinated in order to continue to work.

Are employers within the entertainment and recreational sectors imposing vaccine mandates?

Despite no current provincial legislation, many employers have decided to impose their own mandatory vaccination policies for staff. Employers should be wary of penalizing employees based on their vaccination status and should consider alternative measures to maintain the health and safety of the workplace.

What can employers do instead of terminating employees who are not vaccinated?

Employers should continue to impose public health measures previously implemented in the workplace such as social distancing, mask-wearing, cleanliness, etc. Employers can allow employees to work remotely if they are able to do so. Employers who decide to let employees go based on their vaccination status should still offer adequate severance.

What options do employees have if they are fired due to their vaccination status?

Employees who have been terminated due to their vaccination status should still be entitled to their full severance as they cannot be terminated for cause. Employers are permitted to terminate an employee for any reason as long as the termination is not discriminatory.