The legal costs of firing unvaccinated city employees in Hamilton

Interview Summary

The city of Hamilton is facing a difficult decision as it nears a termination deadline for many unvaccinated employees. Will firing employees cause more legal consequences for the city? What can employees and employers expect as more companies recall unvaccinated workers?

Chantel Goldsmith, a Toronto employment lawyer and partner at Samfiru Tumarkin LLP spoke to Scott Radley on 900 CHML to discuss the issue and employee rights.

Interview Notes

• A successful legal battle for unvaccinated city employees: It is very likely that city of Hamilton employees will be successful in court. Employees who have been terminated as a result of vaccination in Ontario are owed compensation and notice despite the reason for termination.
• Severance pay and compensation for unvaccinated employees: Employees can possibly recover their minimum entitlements or their common law severance entitlements which are calculated based on the age of an employee, the length of employment as well as the position.
• Stage of pandemic influencing vaccination policies in the workplace: The optics for the city of Hamilton do not look good as over the past year it has become evident that vaccinated employees can still contract COVID-19.
• Likelihood of employer’s winning legal case against unvaccinated employees: It is unlikely that employers will be successful as vaccination policies are changing the essential terms of an employment agreement for most employees.