Work: What’s Next | Vaccination status and return to work

Interview Summary

With restrictions continuing to lift across Ontario and more businesses are set to re-open, employees and employers are navigating a changing workplace. Will employees have to be vaccinated in order to return to their jobs? What should employers remember in regards to health and safety and vaccines?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Antony Robart on Global News to answer these questions and more.

Interview Notes

What is a common concern employees and employers are expressing as Ontario re-opens?

Employees and employers are both confused and concerned regarding vaccinations in the workplace. Many employers have decided to implement their own rules about vaccinations despite not having the legal ability to mandate vaccinations.

Will unvaccinated employees face consequences?

Employees cannot be terminated due to a refusal or inability to be vaccinated. The government decides whether or not a workplace is safe, and implements the guidelines necessary to maintain a healthy work environment. Employers cannot penalize employees based on their vaccination status.

What can employers do to encourage a safe workplace?

While employers can encourage vaccination, they are also within their rights to implement social distancing, masks and PPE in the workplace as well as any other measures the government has deemed permissible to do. Employers can decide on their own if they wish to continue remote working, as well as regular COVID-19 testing.