Employment Lawyer talks COVID-19 shots and employee rights on 640 Toronto

As more vaccinations are made available throughout Canada, many citizens across the country are questioning whether or not their employers will force them to be vaccinated. Can an employer require a COVID-19 vaccination in the workplace? Will employees have a right to refuse?

Toronto employment lawyer Mackenzie Irwin at Samfiru Tumarkin LLP joins Peter Shurman on the John Oakley on Global News Radio 640 Toronto show to answer these questions and more.

What They Discussed

Do employers have a legal right to mandate employees take the COVID-19 vaccine?

When people ask “Will I be forced to take a COVID-19 vaccine at work?”, we say no, employers cannot make a vaccination a mandatory condition of employment. Employers in Ontario however, do have an obligation to provide a healthy and safe work environment.

Can an employer request employees take a vaccine in order to maintain the health and safety of the workplace?

Employees who refuse to get a vaccination cannot be terminated. Employers could introduce policies and guidelines to limit the spread of COVID-19 including recommending a vaccine and abide by public health guidelines.

Why can the government mandate other restrictions in workplaces such but not a vaccine?

There is nothing inherently preventing governments from a future vaccination mandate but at this time any requirement must respect human rights.

Will vaccinations in classrooms and for children be under different rules?

There is legislation for the immunizations of children in schools but there has not been an update for COVID-19 vaccines.