RBC’s mandatory vaccination policy
In a letter to staff on Friday, Aug. 19, Royal Bank of Canada (RBC) said that all employees in Canada will need to be fully vaccinated in order to continue working at the bank. The deadline for full vaccination is Oct. 31.
The memo came from the bank’s chief human resources officer Helena Gottschling, and references concerns with the Delta variant and government guidance.
The major bank employs thousands of employees in Canada, and operates in over 30 countries around the world.
Can RBC mandate COVID-19 vaccinations for its employees?
In the absence of a government mandate, RBC’s mandatory vaccine policy for non-unionized employees may be illegal. Since the federal government has not yet imposed a vaccine mandate that applies to the bank, there is a real concern that the bank’s policy may be considered discrimination, based on perceived disability. That would be a breach of an employee’s human rights, as per the Human Rights Act.
Can RBC fire employees who refuse to get vaccinated?
Because there is no government vaccine mandate that applies to federally regulated employees at the bank, it is illegal for RBC to fire anyone for cause who refuses to fully vaccinate before Oct. 31.
RBC risks potential wrongful dismissal, reinstatement and human rights claims for terminating employees for cause who refuse to vaccinate.
Are RBC employees owed severance if they are fired?
RBC employees who are fired for refusing to get vaccinated by Oct. 31 are still owed full severance pay. This applies whether the employee is let go without cause or for cause, the latter applying to situations involving gross misconduct. Because vaccination was not a term of employment for employees when they were hired, RBC can’t implement such a policy mid-employment and decide to fire for cause those who refuse to comply.
Any RBC employee that is let go without proper or any severance pay has likely been wrongfully dismissed, and should talk to an employment lawyer to find out how much they are owed.
WATCH: Employment lawyer Lior Samfiru in an Aug. 18 interview on CTV News explaining rights for employees and employers concerning mandatory vaccination policies.
How much is severance pay?
A typical severance package for a non-unionized employee can be as much as 24 months’ pay. An employment lawyer at Samfiru Tumarkin LLP calculates the amount of severance you might receive by reviewing your age, length of service and position, among other factors.
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• Severance pay for RBC Employees
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.