Employment lawyer on Chapman’s vaccine incentive program

Interview Summary

Chapman’s Ice cream has recently announced a vaccine incentive program for its employees. Vaccinated employees at the ice cream chain will receive a dollar an hour increase in pay. This incentive has given rise to many questions and concerns regarding vaccine policies in the workplace. Are vaccine incentive programs legal? What are employers permitted to implement in order to encourage vaccination?

Alex Lucifero, an Ottawa employment lawyer and partner at Samfiru Tumarkin LLP joins Matt Skube on CTV News Ottawa to discuss the incentive program and employee rights.

Interview Notes

Are employers permitted to offer a pay incentive for employees to be vaccinated?

Employers will have to consider that a well-intentioned policy may have ill-advised repercussions for employees. A vaccine policy incentive can be potentially discriminatory as some employees will not be able to be vaccinated due to medical or religious exemptions. Employers have to bear in mind potential human rights violations when implementing vaccine incentive programs.

What possible alternatives should employers offer to employees to encourage vaccination?

Employers are within their rights to offer paid time off for employees to get vaccinated, as well as raffles and draws. Employers should remember that they cannot penalize employees who cannot be vaccinated and be mindful of disclosing the vaccination status of employees to other staff.

What can unvaccinated employees who have been penalized do to pursue their employment rights?

Employees with valid exemptions that have been penalized due to their vaccination status can pursue human rights damages. Many workplace vaccination policies are problematic and at times too strict. Employees who have been let go due to their vaccination status could be owed severance entitlements based on their age, length of employment and position.