‘Building the plane as we fly it’: Employment lawyer on vaccine rules at work

Lawyer on entering uncharted territory with vaccines in the workplace

While most residents in British Columbia are prepared or have been vaccinated, some have expressed concerns regarding mandatory vaccinations and are not eager to be vaccinated. How will individuals who are not vaccinated navigate a return to the workplace? Will employers be able to ask employees if they have been vaccinated or not?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke with the Vancouver Sun to comment on the effect of the COVID-19 vaccine rollout on the workplace.

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The lawyer stated that vaccines in the workplace are still somewhat uncharted territory stating, “We are building the plane as we fly it. This is something that is being developed as it is rolled out.”

While they reinforced that employers cannot force an employee to get vaccinated, it can become a condition of employment. “Employers have to make sure they’re not discriminating against workers who cannot take a vaccine for religious or medical reasons,” said the lawyer, “but it’s up for debate whether an employee’s personal choice not to get vaccinated is covered by the same protection.”

The lawyer expressed their own personal opinion stating, “I don’t think your personal choice is going to be protected. You can get fired for that.”