Unknown vaccination status leads to termination and wrongful dismissal

Interview Summary

An employee in Manitoba was fired over his vaccination status despite two decades of working from home for his employer. He is now pursuing a wrongful dismissal suit. How can employees pursue wrongful dismissal and do unvaccinated employees have any rights after termination?

Lior Samfiru, a Toronto employment lawyer and national co-managing Partner at Samfiru Tumarkin LLP joins Matt Harris on Newstalk 580 CFRA to answer this question and more.

Interview Notes

• Rights for terminated unvaccinated employees: Employees who were terminated as a result of vaccination status should question whether or not their employer had a choice or a government mandate was in place.
• Thousands of wrongful dismissal claims regarding vaccination and termination: Many employers across the country are facing wrongful dismissal claims as they have terminated employees or placed them on indefinite unpaid leave.
• Employees working from home vaccination status: Employers cannot justify their mandates for safety in the workplace if employees are working remotely.
• Employees in healthcare terminated for cause: The more sensitive and high-risk an employee’s position, the easier it is to justify vaccine mandates.
• Common sense for employers implementing vaccine policies: Employers should encourage their employees to take all public health recommendations seriously but should never forget employment laws.
• Pursuing legal rights for terminated employees: Many employers have allowed employees to return to work when contacted by an employment lawyer or settled out of court for severance pay.
• Employee rights and concerns in returning to the office: While employers can expect employees to return to work, employees who are concerned about a return to the office should speak to their employers.