City of Toronto ending COVID-19 vaccine mandate for staff on Dec. 1

The City of Toronto is planning to drop its mandatory COVID-19 vaccination policy for staff, contractors, and volunteers before the end of the year.

In a news release on Nov. 8, the City said mandatory vaccination won’t be required after Dec. 1 because 99 per cent of its staff and more than 90 per cent of the public have at least two doses of a COVID-19 vaccine.

“Additionally, based on recent arbitration and negotiations with the unions, the approximately 350 unionized City employees who either did not disclose their vaccination status, or did not get vaccinated, will be offered reinstatement into an unpaid leave,” the City’s release reads.

“As such, those staff who are on unpaid leave will also be eligible to start to return to the workplace when the updated policy comes into effect on December 1.”

Is there room for returning staff?

In a memo to managers that was obtained by Global News, interim city manager Tracey Cook said there could be situations where vacancies aren’t available for returning employees and that the City many need to explore alternative arrangements.

“While unvaccinated staff will be eligible to return December 1, the reintegration of staff into the workplace may not necessarily occur on that exact date.”

In September 2021, the City of Toronto implemented a mandatory vaccination policy to ensure a safe work environment for its employees during the COVID-19 pandemic.

As the City prepares to drop its vaccine mandate, Cook added that officials will “continually review this policy, led by science and evidence.”

Indoor masking recommended

Ontario’s top doctor is “strongly recommending” masks in all indoor public settings as the province’s health system grapples with “extraordinary pressures.”

During a news conference on Nov. 14., Dr. Kieran Moore, the province’s chief medical officer of health, said Ontario needs to get back to using all the layers of protection that have proven to work over the course of the COVID-19 pandemic.

“What we are facing is a triple threat that requires our collective action and action to protect the most vulnerable in our communities, the very young, the very old and those with underlying medical issues and to ensure that our healthcare system remains able to care for Ontarians when they need it,” Moore said.

Despite the ongoing circulation of COVID-19, a rise in Respiratory Syncytial Virus (RSV), and influenza, the provincial government isn’t reinstating a mask mandate in Ontario.

TTC also dropping COVID-19 vaccine mandate

Shortly after the City announced that it’s ending its mandatory vaccination policy, the Toronto Transit Commission (TTC) said in a news release on Nov. 17 that it will lift its COVID-19 vaccine mandate on Nov. 27.

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The #TTC is lifting its COVID-19 vaccine mandate on Nov. 27 and will, over the next couple of weeks, invite those whose employment was terminated under the policy to return to work with seniority in tact.

Learn more at…https://t.co/7FmQNr27GN

— TTC Media Relations 📰🚌🚋🚈 (@TTCNewsroom) November 17, 2022

The TTC also noted in its announcement that it’s “updating its Conditions of Employment Policy to include compliance with policies of this nature in the future if required.”

SEE ALSO 
• TTC workers file $3M in wrongful dismissal lawsuits over vaccine policy
• Metrolinx employees launch $2M in claims over vaccine mandate, unpaid leave
• Canadian researchers using blood to diagnose long COVID
• TTC layoffs and severance pay

Put on “unpaid leave” for not getting vaccinated?

Non-unionized employees at the City of Toronto who were placed on unpaid leave due to their COVID-19 vaccination status must be returned to their job immediately after Dec. 1.

City staff who aren’t called back to work are owed full severance pay.

In Canada, unpaid leaves are considered illegal. Your employer doesn’t have the right to eliminate your hours of work or suspend your pay.

When the terms of your employment are significantly changed, the law allows you to treat this as a termination and file a constructive dismissal claim.

An experienced employment lawyer at Samfiru Tumarkin LLP can help you pursue full severance pay in Ontario.

LEARN MORE
• Do I get severance if I quit?
• Employment Law Show: 5 things to know about employment contracts

Can City of Toronto employees be fired for not getting vaccinated?

Non-unionized employees at the City of Toronto can be fired for not getting vaccinated — even if doesn’t impact the overall safety of their workplace.

This is called a termination without cause. In Ontario, employers can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

However, it’s unlikely that the City would be able to fire non-unionized workers for just cause if they didn’t get vaccinated because COVID-19 vaccination polices weren’t mandated by the provincial government.

This type of dismissal is reserved for the worst kinds of workplace offences, such as insubordination and job abandonment.

Individuals fired for cause don’t receive a severance package and can’t access Employment Insurance (EI) benefits.

In most cases, non-unionized employees don’t meet the requirements for this type of termination, and are entitled to compensation and EI.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Severance pay during a recession
• Wrongful dismissal in Ontario

Employment lawyers for non-unionized City of Toronto employees

If you were fired or let go for not being vaccinated, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto stand ready to help non-unionized workers at the City of Toronto resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation that you are owed.