Lior Samfiru, Global News Radio, vaccinations in the workplace

Interview Summary

As more vaccinations are made available across the country, employers and employees are questioning whether or not there will be government regulations imposed regarding vaccines. Will employers be able to enforce vaccinations in the workplace? What rights will employees have to refuse vaccinations?

Lior Samfiru, co-founding partner and employment lawyer at Samfiru Tumarkin LLP joins Global News Radio’s Mike Smyth on 980 CKNW to discuss vaccinations in the workplace and employee rights.

Interview Notes

What can an employer mandate as a result of COVID-19?

Employers cannot for the most part mandate or require vaccination in the workplace unless it is not possible for an employee to do their job safely without a vaccination.

Can an employee be penalized for refusing a COVID-19 vaccine?

Employees cannot be penalized or terminated for refusing to be vaccinated. Most workplaces over the course of the pandemic have been able to adapt and implement health and safety regulations without vaccinations.

Does an employer have to accommodate an employee who is not vaccinated?

An employer is obligated to do what they can to ensure an employee can continue to work, such as working remotely. As the government eases restrictions the employer can take note of regulations that are being implemented along the way.

Is the idea of a vaccination passport likely considering the constitutional implications?

Constitutional rights are subject to reasonable limits, such as the potential spread of a dangerous virus. The government might have a strong case for reasonable limits and might decide to intervene in the future on possible mandated vaccines in the workplace.

What are the current common concerns from employees?

A common concern has been vaccinations as well as temporary layoffs. Many Canadians have been temporarily laid off as well as have had their pay reduced due to the pandemic. Most employers are not permitted to lay off employees and employees who have been laid off can treat it as termination and pursue severance.

Are employees who contract COVID-19 at the workplace eligible for workers’ compensation?

Work Safe BC has allowed claims for high exposure in the workplace such as in healthcare and elderly care.

My friend was promised severance when he was laid off but then his employer reneged. Is this legal?

Employees who are laid off can choose to treat the layoff as termination and pursue their severance. Employers are obligated to pay employees their severance entitlements in BC.

My friend who’s a teacher caught COVID-19 at school and filed a claim with Work Safe but was denied. Are people being denied because they can’t prove where they caught it?

It is difficult to prove where a claimant contracted COVID-19. Many claimants who do not work in the healthcare industry are being denied claims by Work Safe. Claimants have to be able to prove the exposure to COVID-19 is higher than in other environments.

If I have a bad reaction to a COVID-19 vaccine, is my employer liable?

It is very unlikely vaccines will be mandated but in situations of a bad reaction, the only entity that will be liable would be the manufacturer of the vaccine or the government that approved the vaccine.