Employment lawyer Stan Fainzilberg talks Metrolinx unvaccinated employees

Interview Summary

As COVID-19 vaccines became available, many employers adopted vaccination policies in the workplace that affected employees. Metrolinx decided, despite a lack of a vaccine mandate by the provincial government, that all employees must be vaccinated. For those that were not unionized and were suspended without pay, pursuing legal action was the next step.

Stan Fainzilberg, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP representing ten Metrolinx employees, spoke to Toronto Life Magazine on the ongoing case.

Interview Notes

• What were unvaccinated Metrolinx employees facing: Unvaccinated employees were placed on unpaid leave indefinitely by Metrolinx. The clients represented by Samfiru Tumarkin LLP were not unionized. All employees have yet to be recalled to work.
• Wrongful dismissal case filed by Metrolinx managers: The employees are seeking $2 million in damages for wrongful dismissal as the employment contract was broken. Learn more about how severance pay works for Metrolinx staff.
• Health and safety concerns and logic of vaccination policy: Metrolinx states that under the Ontario Occupational Health and Safety Act employers have an obligation to protect all employees. It is important to note, however, that all Metrolinx employees were working from home at the time the policy was implemented.