Lior Samfiru on mass terminations over refusal to vaccinate

A growing number of employees across Canada are facing termination as a result of their vaccination status. While the federal and many provincial governments have imposed some mandates regarding vaccination, some employers have imposed vaccine policies without government legislation.  Deadlines in order to be vaccinated or face termination are fast approaching as the weeks go by.

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP spoke with the Canadian Press to comment on the rising terminations and employee rights.

“We’ve been contacted by thousands of people from across Canada who all have these ultimatums in front of them saying they have to be vaccinated by a certain date or risk losing their jobs,” says Samfiru.

“We’re going to see the biggest wave of terminations we’ve seen since the pandemic started,” Samfiru states, “it will be significant.”

Samfiru goes on to explain that employees who are terminated as a result of their vaccination status in most cases would still be entitled to severance and if not offered, could file for wrongful dismissal.

“The employer is imposing a new rule, one that was not part of the original employment agreement,” states Samfiru.”That becomes a termination without cause and severance has to be paid. Beyond that, there could be a human rights claim as well.”