Employment lawyer on terminations for unvaccinated Toronto workers

Interview Summary

Both the federal and provincial governments have taken a harder line on vaccine policies in recent weeks, while some employers have taken the decision into their own hands. City of Toronto employees have been told by their employers they will have to be vaccinated or put on unpaid leave. Despite no government legislation, can employees be forced to be vaccinated?

Chantel Goldsmith, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Kelly Cutrara on Global News Radio 640 Toronto to answer this question and more.

Interview Notes

Will the unvaccinated city of Toronto employees have a case against their employer if put on leave?

Employees who are terminated as a result of their vaccination status will likely still be owed severance pay despite what the City of Toronto has stated as they will not be able to be terminated for cause. Unionized employees will have to look to their union representatives for their rights.

Why would grievances filed by union employees take a long time to be resolved?

There are various stages and steps to the grievance process between the union and the union employees. Arbitration meetings can take a long time to be scheduled. Union employees could be waiting a long time for the process and grievance to be resolved. Employees can be terminated but will have to receive a notice and a severance package.

LEARN MORE
• Unionized workers and COVID-19 vaccines

Who does the Ontario Human Rights Code apply to in regards to vaccination exemptions?

Individuals who have a medical or religious exemption from vaccination cannot be penalized by their employers. The Ontario Human Rights Commission has stated that individuals who make the personal choice not to be vaccinated are not considered protected, however, and cannot be exempt.

Do the rights of the city of Toronto employees differ from that of federal employees?

It is important to remember that if the federal or provincial government has mandated vaccinations in certain sectors. employees who refuse to be vaccinated and do not have a legitimate exemption can be terminated for cause. The federal government has mandated vaccines for some federal and federally regulated employees.