City of Toronto ends mandatory vaccination policy for employees
On November 8, 2022, the City of Toronto announced that it will end its mandatory COVID-19 vaccination policy on December 1, 2022.
In a news release, the City said approximately 350 employees who either did not disclose their vaccination status, or did not get vaccinated, will be offered “reinstatement into an unpaid leave.”
As well, staff already on unpaid leave will be able to start returning to the workplace once the updated policy takes effect.
In September 2021, the City of Toronto implemented a mandatory vaccination policy to ensure a safe work environment for its employees during the COVID-19 pandemic.
There are currently almost 38,000 active employees in the Toronto Public Service. 4,828 aren’t represented by a union.
WATCH: Employment lawyer Lior Samfiru explains the rights employees have when faced with mandatory vaccination policies in an interview with CTV News.
Can the City of Toronto mandate COVID-19 vaccinations for non-unionized employees?
In the absence of a vaccination mandate from the provincial government mandate, the City of Toronto’s mandatory vaccine policy for non-unionized employees may be illegal.
Since the Ontario government has not implemented policy for municipal workers, the city’s policy may be considered discrimination, based on perceived disability.
That would be a breach of an employee’s human rights.
Can the City of Toronto fire non-unionized employees who refuse to get vaccinated?
The short answer is yes. This is called a termination without cause.
In Ontario, employers can let non-unionized employees go for any reason, as long as:
- They are provided full severance pay
- The reasons for their dismissal aren’t discriminatory
However, it’s unlikely that the City would be able to fire non-unionized workers for just cause if they didn’t get vaccinated because COVID-19 vaccination polices weren’t mandated by the provincial government.
This type of dismissal is reserved for the worst kinds of workplace offences, such as insubordination and job abandonment.
Individuals fired for cause don’t receive a severance package and can’t access Employment Insurance (EI) benefits.
In most cases, non-unionized employees don’t meet the requirements for this type of termination, and are entitled to compensation and EI.
LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees
• Severance pay during a recession
Are non-unionized City of Toronto employees owed severance if they are fired?
Non-unionized employees at the City of Toronto can get up to 24 months of severance pay in Ontario when they are fired or laid off from their job. This includes individuals working full-time, part-time, and hourly.
The amount of compensation you are entitled to is calculated using several factors, including:
- Age
- Position at the company
- Length of service
- Ability to find new work
To figure out how much severance pay you are owed, use our firm’s free Severance Pay Calculator tool.
If your company’s offer falls short of what is appropriate, you have been wrongfully dismissed and should file a claim to receive the compensation you deserve.
SEE ALSO
• Why Samfiru Tumarkin LLP can’t legally help unionized workers with severance
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.