TTC workers file $3M in wrongful dismissal lawsuits over vaccine policy

Non-unionized Toronto Transit Commission (TTC) employees have filed $3 million worth of wrongful dismissal claims against the transportation agency. The claims for compensation are directly related to the TTC’s mandatory COVID-19 vaccination policy, which has been active since late last year.

What is the TTC’s vaccine mandate for employees?

The TTC began placing employees who weren’t vaccinated by Nov. 21, 2021 on unpaid leave; those who did get fully vaccinated would be able to return to work, while those failed to get the shot would be fired.

• First Dose: Employees had to prove that they got their first shot of the COVID-19 vaccine by Dec. 3, 2021. If they didn’t they would be fired.
• Second Dose: Employees would be fired if they failed get their second dose by Jan. 27, 2022. Termination would occur on Jan. 28, 2022.

Who filed wrongful dismissal claims?

Former employees seeking compensation from the TTC include:

• Piotyr Boldys: The employee booked an appointment for his first dose of the COVID-19 vaccine after the TTC introduced its mandate. Boldys, who says he was hesitant to get the vaccine, got his first dose on Dec. 18 – which was 15 days after the first dose deadline. He received his second dose on Jan. 8, 19 days ahead of the second deadline. He was still fired by the TTC. Boldys was working from home.
• Catherine Waterson: She was a manager at the TTC after 11 years of service. She was fully vaccinated against COVID-19, but expressed concerns about providing proof of vaccination through the TTC’s online portal; a cyber attack hit the commission just a year earlier. Her request to provide an alternate proof of vaccination was denied, and she was fired on Dec. 31, 2021.
• Romayne Toban: She was an employee of the TTC for 15 years. Toban sought an exemption based on Creed. The request was denied by the TTC on the basis that hers was a “personal preference” or “singular belief.” She was fired, and is seeking $167,000 in compensation through her claim for wrongful dismissal.

Samfiru Tumarkin LLP, Canada’s largest employee-side employment law firm, is representing countless clients who have been wrongfully dismissed (not given proper severance) after failing to get vaccinated against COVID-19. Recently, the Toronto Star reported on over a dozen Metrolinx managers who were let go under similar circumstances.

READ MORE
• TTC vaccine mandate ends Nov. 27
• Lior Samfiru on employers removing vaccine policies at work
• Government lifts COVID-19 vaccine mandate for federally regulated employees

Can an employer fire someone for not getting vaccinated?

An employer can fire an employee who does not get vaccinated against COVID-19. It is called a termination without cause. But the company must provide a full severance package to the worker, which can total as much as 24 months’ pay. Failure to do so can result in a wrongful dismissal claim.

READ MORE
• Severance packages for TTC employees
• How severance pay works for Metrolinx workers

What an employer can’t do is fire an employee “for cause” if they fail to get vaccinated, as per the company’s policy. The company can’t use the failure to fully vaccinate against COVID-19 as a reason to dismiss someone, without compensation or the ability to collect Employment Insurance. The only way that a company, like the TTC, can fire non-unionized employees for cause for refusing to get the shot, is if there is a government mandate requiring vaccination for businesses operating in that specific sector of employment (there are none for the TTC or its employees).

WATCH: Employment lawyer Lior Samfiru explains why employees can claim wrongful dismissal if they are fired for not getting vaccinated, in an interview with Global News.

What about unpaid leave?

It is illegal for an employer to put an employee on an unpaid leave of absence for failing to get a COVID-19 vaccine. A company can’t make significant changes to an employee’s job, without their permission. This includes adding a requirement for workers to be vaccinated to as an aspect of their employment, or taking away someone’s hours and failing to pay them.

Employees in this situation can leave with a severance package through a constructive dismissal claim. The Pocket Employment Lawyer can tell you how much you may be entitled to.

Talk to an employment lawyer today

If you worked for a company (like the TTC) in a non-unionized position, and lost your job, contact our experienced team of employment lawyers immediately. Our Toronto wrongful dismissal lawyers have helped tens of thousands of Canadians enforce their rights.

Our employment lawyers can review your situation, present you with sound options and strategy, and work to get you what you are owed.