Employment Law

TTC ending COVID-19 vaccine mandate for staff on Nov. 27

November 17, 2022

Roughly a week after the City of Toronto announced that it’s ending its mandatory COVID-19 vaccination policy, the Toronto Transit Commission (TTC) is doing the same.

In a news release on Nov. 17, the transit agency said that it will lift its vaccine mandate for staff on Nov. 27.

“Eligible employees whose employment was terminated as a result of the policy will be offered the opportunity to be reinstated by the TTC,” the release reads. “They will not be eligible for back pay but their seniority will be preserved.”

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 is facing nearly $3 million worth of wrongful dismissal claims following the implementation of its mandatory vaccination policy in September 2021.

According to multiple news outlets, including CTV News, the transit agency terminated approximately 354 employees in January for failing to comply with the vaccine mandate.

The TTC defended the use of the mandatory vaccination policy in its announcement and added that it will be “updating its Conditions of Employment Policy to include compliance with policies of this nature in the future if required.”

Put on “unpaid leave” for not getting vaccinated?

Non-unionized TTC employees who were placed on unpaid leave due to their COVID-19 vaccination status must be returned to their job immediately after Nov 27.

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 Toronto 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 TTC employees be fired for not getting vaccinated?

Non-unionized TTC employees 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 workers 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 TTC would be able to fire non-unionized employees 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 in Ontario 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