Employment lawyer addresses EI eligibility and vaccine policies

Interview Summary

As more employees face possible termination as a result of their vaccination status across Canada, Employment and Social Development Canada has announced that these employees might not be able to access employment insurance. What can employees facing this possibility do to enforce their rights? Will medical exemptions allow fired employees to access benefits?

A Toronto employment lawyer and associate at Samfiru Tumarkin LLP joins Global News Radio 640 Toronto with Kelly Cutrara to answer these questions and more.

Interview Notes

Has a decision been made regarding terminated unvaccinated employees and E.I?

There has not been a decision made yet regarding employment insurance and unvaccinated terminated employees. The Social Security Council and E.I. Commission have yet to rule on this decision.

Can unvaccinated employees ask to be accommodated by their employers and work remotely?

Employees can communicate their concerns and ask for accommodations from their employer. Unless expressly mandated by the government, employers are overreaching by implementing mandatory vaccination policies and will not be able to terminate employees for cause.

Can employers decide who to hire based on their vaccination status?

Employers are entitled to impose any condition of employment when hiring staff as long as it is not discriminatory. Employers will not be able to discriminate or restrict employment opportunities to those who are protected under human rights accommodations. Employees who are already employed, however, cannot have new policies that were not previously a term of employment imposed upon them.