Air Canada’s mandatory vaccination policy
On Wednesday, Aug. 25, Air Canada announced that it will require all employees to get vaccinated against COVID-19. This includes workers at Air Canada, Air Canada Rouge, and Air Canada Vacations.
Air Canada employees must be fully vaccinated by October 30, 2021, otherwise they will placed on unpaid leave or terminated from their job. The airline says it will accommodate individuals who can’t get vaccinated due to medical conditions or religious reasons.
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Can my employer put me on an unpaid leave if I refuse to get vaccinated?
The company said it will not provide COVID-19 testing as an alternative for employees who do not wish to abide by a mandatory vaccination policy.
Can Air Canada force employees to get vaccinated?
It appears that Air Canada is within its right to mandate COVID-19 vaccinations for all staff, following a recent announcement by the Government of Canada. On August 13, the federal government announced that it intends to make it a requirement that all employees in federally regulated air, rail and marine transportation sectors must be fully vaccinated by the end of October 2021.
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Vaccination mandates for federally regulated employees
A company has the legal ability to mandate vaccinations for staff if a provincial or federal government that oversees their workplace mandates or legislates vaccinations. A business can’t enforce a mandate if one has not been declared by the appropriate level of government.
Can Air Canada fire employees who refuse to get vaccinated?
In this case, Air Canada can likely fire employees, including non-unionized employees, who refuse or fail to get fully vaccinated against COVID-19 by October 30, 2021.
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Can I be fired if I refuse a COVID-19 vaccine?
Will Air Canada employees get severance if they are fired?
Non-unionized Air Canada employees who refuse to get vaccinated by the mandated deadline will likely not be owed severance pay, as their employment will be considered to have ended through a frustration of contract.
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Severance pay for non-unionized Air Canada workers
How much is severance?
In situations where a non-unionized employee is fired or let go, a severance package can be as much as 24 months’ pay. It is calculated by taking into account a number of factors, including the person’s job, time with the company, age, and what their employment contract says.
Disclaimer and Contact Information
Samfiru Tumarkin LLP believes that vaccinations are an effective tool in the fight against COVID-19, and urges eligible Canadians to fully vaccinate to protect themselves and those around them. However, the fact remains that there are various legal realities and considerations that must be observed and enforced where workplace policies are concerned, including mandatory vaccinations, human rights, terminations and severance entitlements.
If you still have questions about your rights or want to consult with an experienced employment lawyer at the firm, please contact us at 1-855-821-5900, Help@EmploymentLawyer.ca, or fill out an online form.