Lior Samfiru on enforcing vaccines in the workplace

Interview Summary

With vaccine distribution across the province still ongoing and COVID-19 cases continue to increase as a result of the Delta variant, many businesses are questioning if they can enforce vaccinations at the workplace. Will employers be able to penalize employees who are not vaccinated?

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Leslie Roberts on CTV News Ottawa to answer this question and more.

Interview Notes

What does the new government policy regarding vaccines mean for employers and employees?

The provincial government of Ontario has implemented a mandatory vaccine policy which means employers will have to have a policy regarding vaccination. It is important to note that this announcement does not enforce mandatory vaccinations at workplaces. Employees who are not vaccinated cannot be penalized by their employers.

Can employees who refuse to be tested for COVID-19 be terminated?

Employees who refuse to be vaccinated as well as undergo testing can be terminated by their employer. As the government has dictated employees who are not vaccinated must be tested for COVID-19, a refusal to do so is a refusal to follow public health measures. Employees in this situation would likely not be entitled to severance upon termination.

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Can my employer mandate the COVID-19 vaccine?

Would mandatory vaccines for healthcare workers be challenged in court?

There will likely be challenges facing mandatory vaccines however challenges do take a long time to be resolved. It is also likely that the government ultimately would be successful in enforcing mandatory vaccines for particular sectors.

Outside of the federal government sector, can employers enforce vaccinations?

Employers who are not in a federally regulated business or within the federal government cannot enforce mandatory vaccinations for employees. The government has yet to legislate or implement mandatory vaccines for other employees or sectors in Canada and Ontario.

Can employers ask an employee about their vaccination status?

In Ontario, due to the Occupational Health and Safety Act, employers cannot ask an employee about their private medication information. A vaccination status could be considered to be an employee’s private medical information.

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How to respond if your boss is pressuring you to get a COVID-19 vaccine

Do immunocompromised employees have the right to ask their co-workers if they are vaccinated?

Employees are not required to disclose their medical information or vaccination status to their employer or other employees. Employees can ask their co-workers if they have been vaccinated but their peers are not obligated to provide an answer. Employees returning to the workplace must trust in the health and safety measures put into place by their employer and required by the government.

Do employees have the right to request to remain working at home?

Employees are within their rights to ask their employers if they are able to continue working remotely, however their employers are not obligated to approve this request.  Employers who follow public health guidelines are considered to have provided a safe work environment for employees.