COVID

Vancouver employment lawyer on CKNW discussing vaccination policies at work

Employment lawyer Lior Samfiru's headshot next to 980 CKNW, Samfiru Tumarkin LLP logos

Interview Summary

The distribution of the COVID-19 vaccine across Canada has led to many concerns from employees on whether or not there will be vaccination policies implemented by their employers. Will they be able to refuse the COVID-19 vaccine? Will their employer have to accommodate employees who are not vaccinated?

A Vancouver employment lawyer and associate at Samfiru Tumarkin LLP joins Mornings with Simi on Global News Radio’s 980 CKNW to discuss vaccination policies in the workplace.

Interview Notes

Are more employees raising concerns regarding mandatory vaccinations?

As vaccination roll-outs have just begun, it is not a live issue but it is a concern that will be more prevalent towards the end of the year. Employers should use this time to think about their workplace strategy in regards to vaccinations.

Is there any law that would allow employers to mandate vaccines?

Currently, there are no laws that would allow for employers to force vaccinations in the workplace or require them to be a condition of employment. Employers can strongly suggest vaccinations however but can’t mandate them.

What options do employers have in terms of making their workplace safe?

Employers do have an obligation to provide a healthy and safe workplace for all employees. Employers can introduce policies to limit spread, including a strong suggestion for COVID-19 vaccinations. Employees who refuse to be vaccinated could wear a mask, work in isolation, etc.

How do employers balance the privacy concerns of employees who are not vaccinated?

As there is no current mandate for employees to be vaccinated, employers will not be able to single out employees particularly if there are medical or religious grounds for refusal. Employees, however, also have a right to know that they are working in a healthy and safe environment.

Should employers begin planning vaccination policies and strategies?

Employers should begin thinking about policies that can be updated with the vaccination that provides PPE, accommodating medical and religious requirements, social distancing, etc.

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