Employment lawyer Fiona Martyn on COVID-19 vaccines

Interview Summary

With more COVID-19 vaccines available across the province, many Ontarians have received at least one dose. As the rates of vaccines across the province increase, questions concerning the rights to refuse and how to return to a pre-pandemic normal have arisen. Will employees have to be vaccinated in order to return to the office? Can employers mandate vaccinations in the workplace?

Fiona Martyn, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Scott Thompson on Global News Radio 900 CHML to answer these questions and more.

Interview Notes

As time goes on, will employers be able to make employees get vaccinated?

With the exception of some settings, such as long-term care homes, most employers cannot penalize employees for refusing to be vaccinated or terminate employees. Employees who refuse to be vaccinated for religious or medical reasons are protected by the human rights code.

Is it mandatory for PSWs and employees in long-term care to be vaccinated?

While it is mandatory for most staff at a long-term care home or PSWs to be vaccinated. employees who are protected by the human rights code can still communicate their concerns to an employer and will have to be accommodated.

What are employees’ rights in the workplace who are vaccinated?

Employers have an obligation to provide a healthy and safe work environment for all employees. Employers will have to implement ongoing public health measures such as isolation, masks, etc, in order to accommodate all staff.

Are more guidelines needed regarding vaccines in the workplace?

There is currently no legislation or government guidelines for employers regarding vaccines in the workplace. It might be helpful in the future to implement a public policy for employees and employees to be able to follow or look to for instruction. The less clarity there is in employment law, the more difficulty lies ahead for employers.

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Lior Samfiru on COVID-19 Vaccines and Employee Rights

How will vaccines affect occupations in which travel is necessary?

In many occupations, travel is necessary. Many countries and airlines now require vaccine passports and yet still have to maintain their staff’s human rights as well as bearing in mind public safety.