Employment lawyer on Air Canada’s vaccine policy

Air Canada has decided to take a hard stance on mandatory vaccinations for all of its staff. Unlike other corporations’ recent vaccine policies, Air Canada has decided not to offer rapid testing as an alternative to the COVID-19 vaccine. What will this mean for other companies?

Chantel Goldsmith, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP commented on the decision to the Canadian Press and the Toronto Star stating this choice is groundbreaking.

“Companies that offer their unvaccinated employees wiggle room in the form of testing aren’t really making vaccination a condition of employment at all,” says Goldsmith. “Using the word mandating doesn’t actually mean mandating in that circumstance,” Goldsmith goes on to explain.

Will employees who can’t be vaccinated be accommodated by Air Canada?

Goldsmith says it’s important that employees who cannot be vaccinated due to legitimate reasons be accommodated.

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Canadian Federal Employees Vaccine Mandate

“As long as the airline lives up to its commitment to accommodate employees who, for legitimate reasons, cannot be vaccinated, the airline is within its legal rights. I think this is the first we’ve seen by a big major employer that’s taken that step, but I do foresee other employers following suit,” Goldsmith says.