Employment lawyer on Toronto unvaccinated firefighters wrongful dismissals

Interview Summary

An arbitrator has ruled that Toronto city firefighters terminated as a result of their vaccination status were not given a reasonable alternative to vaccination by the city. What will this mean for other unvaccinated employees who were let go from their jobs? Will this ruling set a precedent?

Mackenzie Irwin, an employment lawyer and Associate at Samfiru Tumarkin LLP joins Alex Pierson on 640 Toronto to answer these questions and more on employee rights.

Interview Notes

• Influence of Toronto firefighters case: While Samfiru Tumarkin LLP was not involved, as this was a labour and unionized decision, it is an interesting case to watch. All employment lawyers are watching these decisions regarding vaccine mandates very closely. This particular decision seems to be persuasive however there has not been a non-unionized case brought to courts yet.
• An arbitrator ruled the city did not offer reasonable alternatives or accommodations: This particular ruling could apply to many vaccine mandate-related cases. The arbitrator ruled that the individual’s decision not to take the vaccine did not reflect insubordination, and the city should not have terminated the individual for cause. It also identifies that the firefighters weren’t offered accommodation.
• Other cases being tossed out as a result of the recent ruling: This decision was in the unionized context and it is important to remember this fact. Ultimately this decision is not binding on a court decision.
• Company vaccine policies influenced by the government: In Ontario, there were no government mandates for a strict vaccine policy. All government mandates offered some sort of accommodation for employees who did not want to be vaccinated. Small businesses and many other companies have since withdrawn their vaccine mandates.