Lior Samfiru, Global News and challenges with employees and COVID-19 vaccinations

Interview Summary

News of a coronavirus vaccination reaching Canada before the new year has ensured conflicting feelings among Canadians. While many citizens are looking forward to a return to normalcy, some are worried of their privacy and what a mandatory COVID-19 vaccination could mean for their employment rights.

An important issue for many Canadians seems to be whether or not they will be forced to get a vaccine by their employer. “Though a mandatory vaccination policy won’t fly, employers will strongly encourage their employees to get the shot for their safety and the safety of others,” Lior Samfiru, an employment lawyer and partner at Samfiru Tumarkin LLP states in speaking with Global News.

Employers will have to offer an incentive for employees. “The incentive has to do with work conditions. It can’t be looked at as a punishment to those that have not been vaccinated,” Samfiru goes on to explain, “incentives that differentiate employees or appear to treat those who have been vaccinated better than those who haven’t could be considered a human rights violation.”

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• Employers can’t fire an employee for cause who refuses to vaccinate

If unvaccinated employees can show that they can work safely by mask-wearing and physical distancing, and the employer still isn’t allowing that person to work, Samfiru says a human rights claim is possible. “The employer may have more flexibility if there’s public backlash about employees not being completely vaccinated,” he added. “If a business can show they’d have no customers, that no one would frequent their establishment or service until everyone was vaccinated, they’d have a lot more leeway.”

“All of this could potentially be a moot point if the government decides to intervene. Short of that, an employer to take it upon themselves and implement a unilateral rule — that would likely be problematic, ” Samfiru reiterates. The issue of voluntary or mandated vaccinations ultimately could be decided by the government.