Fiona Martyn, Vaccine Policies and E.I. Benefits

Interview Summary

As more employees who are unvaccinated against COVID-19 prepare for possible terminations across the province, news concerns their employment insurance benefits could be more cause for concern. Employment and Social Development Canada has announced that employees who have been terminated due to their vaccination status might not be eligible for E.I.

Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joins Rick Zamperin on 900 CHML to discuss this ongoing issue and more on vaccine policies at the workplace.

Interview Notes

What does the employment minister of Canada’s comments on EI mean for terminated employees?

The government of Canada’s decision will have a significant impact on employees who have chosen not to be vaccinated. In general, employees are exempt from Employment Insurance benefits if they have resigned from their position or have been terminated for cause. In regards to vaccination, unless there is a government mandate in place it is unlikely that employees can be terminated for cause.

Can refusing to be vaccinated be a reason for just cause termination?

Employers have the right to terminate employees for any reason as long as adequate severance is offered and it is considered a without cause termination. For cause terminations in Ontario are typically difficult to prove and employees have to have exhibited significant misconduct. While many employers are choosing to terminate employees for cause, it is unlikely these decisions will be upheld in court.

Does approval of EI benefits affect severance entitlements?

While it might seem that employees who are not entitled to E.I. are also not entitled to severance, it will be difficult for employers to prove that employees are not owed proper compensation upon termination. It is important to note that most private businesses do not have government-mandated vaccine policies in place. Terminated employees should contact an employment lawyer in order to pursue their rights.