Work: What’s Next | Myths and facts about vaccine policies at work

Interview Summary

Many companies and businesses have announced vaccine mandates despite no current legislation from the Ontario government. With the introduction of vaccine passports, employees and employers are confused as to their rights regarding vaccinations at work and what they are able to refuse.

Lior Samfiru, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Global News Morning to discuss common misconceptions about vaccines in the workplace and employee rights.

Interview Notes

Does the vaccine passport apply to all employees in Ontario?

This is a myth and a significant misconception. The Ontario provincial government’s vaccine passport applies to customers and visitors for recreational venues but is not applied to the staff at these establishments. Employers should be wary of mandating vaccines for their staff at these facilities.

Will my employer be able to fire me if I’m not vaccinated?

Employees cannot be terminated due to their vaccination status at the workplace or penalized by their employer. Employers can terminate employees for any reason however but must offer adequate severance to their employees and cannot terminate for cause.

Can fully vaccinated employees travel without informing their employer?

Employees have to be open and honest with their employer about their whereabouts and intentions to travel regardless of vaccination status. Employers are obligated to provide a healthy and safe work environment for all staff and so should be made aware of employees who have travelled or have symptoms that could be problematic. Failing to inform an employer could be cause for discipline.

Are employees entitled to a week per year of severance if terminated?

Employees are owed severance based on a number of factors including the age of the employee, the length of employment as well as the position. Employees are often offered inadequate severance and can in fact be owed a maximum of up to 24 months of severance entitlements.