Employment lawyer on mandatory vaccines and company policy

Interview Summary

As the cases for COVID-19 continue to rise once more, many businesses have decided to implement their own vaccine mandates. For some employees, this will mean they could lose their jobs. Can employers impose mandatory vaccines without facing legal challenges? What role does legislation play in terms of employee rights?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joined Global News Radio 640 with Jeff McArthur to answer these questions and more.

Interview Notes

Are most company mandates regarding vaccines the same?

Employees should not assume that all company mandates regarding the vaccines will be the same. Some industries will have different policies regarding the COVID-19 vaccine as some are higher-risk. There is still no legislation requiring employees, even those that are federally regulated, to be vaccinated despite the federal government’s announcement.

Are vaccine mandates a federal or provincial responsibility?

Generally, the vast majority of employees are provincially regulated and so employment matters must be legislated by the provincial government. Employees who work in banks, inter-provincial transportation, and certain other sectors fall under federal regulations.

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Canadian Federal Employees and Vaccine Mandates

What does the Canada Labour Code say about mandatory vaccines?

In the non-unionized context, there has not been any legislation regarding mandatory vaccinations. The pandemic and COVID-19 vaccines are very much novel and still very new territory.

Will companies face legal challenges as a result of vaccine mandates?

Many companies can be expected to face legal disputes as employers have created mandatory vaccination policies despite no legislation in order to protect them. Employers should be wary of penalizing employees based on their vaccination status as it could be a human rights violation.

Can employees be fired for refusing the COVID-19 vaccine?

Employers should be wary of terminating employees due to their refusal to be vaccinated as there are various factors that could make this problematic. While there are human rights violations to be considered, there are also the questions of wrongful dismissal and severance entitlements. Unless an employee is working in a sector in which vaccines have been mandated, employers should instead implement other health and safety measures at the workplace.

Will companies that impose alternatives if employees are not vaccinated face legal challenges?

Some companies have introduced alternatives for employees who are not vaccinated, such as regular testing and masking. These measures are safer for employers in terms of legal liability.