Work: What’s Next | Unvaccinated employee rights to employment insurance

Interview Summary

The employment minister of Canada recently announced employees who are unvaccinated might not have access to employment insurance benefits if they have been terminated due to vaccination status. This announcement has led to many concerns expressed by workers across the country. Will unvaccinated employees be able to access employment benefits?

Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP joins Global News Work What’s Next to discuss this ongoing issue.

Interview Notes

Can terminated unvaccinated employees access employment insurance benefits?

In order to deprive people of E.I, a legislative change has to be made. Employees are deprived of employment insurance if they have behaved in a manner that has led to termination and there are no alternatives for discipline. Most employees who have been terminated as a result of their vaccination status cannot be terminated for cause and so would be entitled to employment insurance upon termination.

Does vaccination status impact severance entitlements for employees?

Many employees have lost their jobs as a result of their vaccination status. Employers who have let employees go if they are unvaccinated but work in a sector in which there is no government mandate owe terminated employees full severance pay. Employers should be wary of terminating employees for cause as it can lead to a wrongful dismissal suit.

What are working parents’ rights as schools once more shift to remote learning?

In Ontario, the Infectious Disease Emergency Leave permits parents to remain at home with their child and their job must be protected as long as schools remain closed. Employers are required to accommodate employees who have childcare and family obligations and should be flexible when necessary. Work hours might have to be changed or a transition to working from home for many employees could be implemented in order to provide accommodation.