Lior Samfiru on mandatory vaccines for long-term care staff in B.C

Interview Summary

Some employees are eager to return to the workplace as public health restrictions continue to lift, while some have expressed a desire to remain working remotely. For many employers, the issue regarding mandatory vaccines has become a primary concern. How can they enforce vaccines in the workplace? Will Bonnie Henry’s recent announcement push other governments to enforce vaccines for long-term care workers?

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Mike Smyth on Global News Radio 980 CKNW to answer these questions and more.

Interview Notes

Will more employers be able to stipulate vaccination as a condition of employment?

Bonnie Henry’s order regarding mandatory vaccinations could influence other governments across the country in regards to mandatory vaccinations for certain sectors, like healthcare. In the absence of government requirements, it is not acceptable for employers to mandate vaccinations from their employees.

Have there been any similar cases in Canadian courts regarding vaccine enforcement?

The pandemic and COVID-19 vaccines are an unprecedented and new issue however it is important it is to remember that the legal principles remain the same. It would be a potential human rights violation to mandate the COVID-19 vaccine and a breach of privacy rights.

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Mandatory vaccines for long-term care employees

Why does it matter if there is government legislation regarding mandatory vaccines?

While it is possible for individuals to challenge a government order however it would not be possible for employees to pursue legal action against their employer.  Government legislation regarding COVID-19 vaccines would remove legal liability for employers.

Why can’t employers enforce vaccinations without government permission?

The government in B.C has decided that public spaces are considered safe as long as certain measures are taken. As a result of public health measures, employers cannot decide on their own the barometer for safety at the workplace.

Can employers introduce a pay cut for employees who continue to work remotely?

Imposing a pay cut on an employee without their consent is not legal and employers should be wary of reducing an employee’s salary significantly without giving them another option. Employers are within their rights to offer employee’s the choice of returning to the office with a steady salary or remaining at home and incurring a reduction in pay. Major changes to an employee’s terms of employment without their consent can lead to constructive dismissal.