Jon Pinkus interview on federal vaccination mandate

Interview Summary

As more businesses impose mandatory vaccinations policies, unvaccinated employees are wondering what their options are and what rights still remain to them at the workplace. What can employers impose without government legislation? Are employees who have been terminated due to their vaccination status owed severance?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Global News Radio 640 Toronto with John Oakley to answer these questions and more.

Interview Notes

Are employers permitted to fire employees based on their vaccination status or withhold severance?

Employees who work in long-term care or in specific sectors in which the provincial government has mandated vaccinations, and refuse to be vaccinated, could be terminated for refusing to be vaccinated as it is the law. Employees who work in sectors in which there is no government mandate however if terminated must be terminated without cause and are owed their severance entitlements.

Are employees protected by human rights legislation if they refuse to be vaccinated?

Employees are protected under the Human Rights Code and cannot be penalized due to medical exemptions that are substantiated by a doctor. Doctors have been urged to be careful in providing exemptions for employees. Religious exemptions would have to be connected to the core tenants of religious beliefs. Several major religious institutions have expressed support for COVID-19 vaccinations and have stated it does not violate the tenants of those religions.

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Should employees reveal their vaccination status to their employer if asked?

Employees in many workplaces have decided not to disclose their vaccination status and in those circumstances, employers assume the employee is not vaccinated. Refusing to disclose vaccination status often leads to termination however terminated employees should be owed severance. Employees and employers will have to determine whether the vaccination status of the employee truly affects their ability to work safely. Employers who wish to accommodate employees might be permitted to ask employees about their vaccination status but should be careful with using that information to penalize employees.

Would employees who have been terminated due to their vaccination status be owed the same amount of severance?

Employees who have been terminated without cause as a result of their vaccination status would be owed full severance entitlements and in fact, could have an extended amount of severance as they could have difficulty finding future employment.