London employment lawyer on vaccines and what employers can demand

Interview Summary

Canada has increased its vaccine distribution and as a result, many provincial governments have announced a gradual re-opening plan. In many workplaces across the country, employers and employees are asking what will be mandated in regards to vaccines and what are their rights.

Lior Samfiru, an employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP spoke with host Devon Peacock on Global News Radio 980 CFPL in London about employee rights regarding COVID-19 vaccines.

Interview Notes

What can an employer demand in the workplace?

Employers in Canada currently cannot demand or mandate COVID-19 vaccines in the workplace. Employers are within their rights to request employees be vaccinated but cannot enforce it or penalize employees who refuse to be vaccinated. Employers have to bear in mind employee’s human rights. There are certain circumstances that can be considered exceptional, such as in health care settings.

Can an employer ask if an employee has already been vaccinated?

Employers in limited circumstances can ask if an employee has been vaccinated; however, this request cannot be used in relation to whether or not an employee will be terminated or let go. If the purpose of asking an employee on their vaccination status is in regards to potential accommodations, an employer is within their rights to ask.

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What complications could arise in the workplace if some employees are not vaccinated?

Employers have an obligation to provide a healthy and safe work environment for all staff. in some sectors, such as the restaurant industry, customers could request that all staff are vaccinated in order to give the restaurant their business. Employers should remember that employees do have privacy rights and if employees are not vaccinated, implement other public health and safety measures.

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What consequences could employers enforcing vaccines face if the government has not imposed mandatory vaccines?

The government and public health authorities could in the future implement policies for vaccinations in regards to travel and workplaces which will pose fewer difficulties for employers. Employers should be following public health regulations and can face potential wrongful dismissal suits if they do not, as well as potential human rights violations.