Jon Pinkus, Toronto Star, on firing unvaccinated employees

The next few months could see a rise in terminations across many sectors as employers prepare to terminate employees who are not vaccinated. Are employers legally permitted to terminate employees as a result of their vaccination status? Where do government mandates fit into this situation?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke with Rosa Saba at the Toronto Star about the ongoing employment difficulties.

Pinkus believes that the workplace will matter when determining whether or not unvaccinated employees are owed severance upon termination.

“Most employers won’t have legal standing to terminate employees with cause — especially if their job doesn’t involve a lot of in-person work or work with vulnerable populations. But even if it does involve the latter, he still isn’t sure the courts will side with the employer and thinks that is a “dangerous assumption” to make,” Pinkus states.

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• Firing unvaccinated employees
• Put on an unpaid leave of absence due to vaccination

Pinkus recommends employers pay severance to employees and terminate without cause. “Litigation feeds on uncertainty and there is no certainty yet whether vaccination policies can be treated as essential terms of employment in most workplaces,” Pinkus explains.

Employees who have been terminated for cause could have difficulties claiming Employment Insurance. “For an employee who has been terminated with cause and is trying to access EI, decisions about income support can be appealed, often with success, said Pinkus. “However, these decisions may also be affected by eventual court cases.”