Jon Pinkus on mandatory vaccines for TTC workers and more

Interview Summary

Both unionized and private businesses are implementing mandatory vaccine policies. Will employees who refuse to be vaccinated face consequences? What can employers implement without legislation?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins 570 News Kitchener to answer questions regarding mandatory vaccines and employee rights.

Interview Notes

What does the city of Toronto’s new vaccine announcement mean from an employment perspective?

There will likely be many legal challenges facing the city of Toronto in regards to the TTC vaccine mandate. There could be many wrongful dismissal disputes in a non-unionized setting in particular as well as disputes regarding human rights protections. Employers will be exposed to legal challenges as there is still no mandatory vaccine legislation.

Are employment laws changing as a result of the pandemic?

In the absence of legislation, employers need to be careful of imposing policies. There are no laws concerning mandatory COVID-19 vaccines in the workplace for most employees and sectors. There are no shortcuts to legislation and it will be important for private corporations to direct their concerns to the government that has the power to impose mandatory vaccinations. The pressure seems to be shifting to the provincial government in order to take the burden off of employers.

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If there is pressure from the government and union to be vaccinated, what choice does a unionized employee have?

Unionized employees who disagree with the provincial government regarding mandatory vaccines could face challenges if the union itself has agreed with the government’s stance. While there are still human rights challenges possible, it would be difficult to pursue as the union is the employee’s advocate.

What impact could businesses like the MSLE have on others regarding vaccination?

Corporations like the MSLE and Live Nation who have announced vaccination mandates differ slightly in comparison to employers as the impact of mandates for receiving services do not ultimately affect an individual’s ability to make income. Vaccine mandates in the workplace could prevent an employee from working and receiving income.

Is it likely the Ontario provincial government will introduce vaccine legislation?

The provincial government so far has taken the stance that they do not intend to impose mandatory vaccination legislation as it would divide society. Employers and employees who would like to see legislation should speak to their MPPs about their concerns.