Employment lawyer on city firefighter vaccine mandate terminations

Interview Summary

A labour arbitrator recently ruled that the city of Toronto had unreasonably implemented and enforced a vaccine policy for its firefighters. Unvaccinated firefighters faced termination for cause if they chose not to take the COVID-19 vaccine and would not be given severance pay. What could this ruling mean for unvaccinated non-unionized employees?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined Matt Skube on CTV News Ottawa to discuss this ruling and more on wrongful dismissals.

Interview Notes

• Ruling by arbitrator influences other court decisions: This ruling could stand as a well-reasoned precedent. The arbitrator found that in this case, a dismissal for cause was an unreasonable action on the part of the employer. Termination for cause is considered the most drastic step taken in an employment relationship. It is very possible that simply refusing vaccination does not rise to the level of misconduct needed for a termination for cause.
• Rights for unvaccinated employees terminated for cause: In the unionized environment, employees might have a right to their loss payment as well as a possible return to their positions. In a non-unionized workplace, employees would be owed their full severance pay. It is important for terminated employees to remember that every case is different and the industry that they work in could play a part in determining their rights and next steps.