UHN’s mandatory vaccination policy
In a statement released Friday, Aug. 20, University Health Network (UHN) said that any employees who choose not to get a COVID-19 vaccine by the end of October 2021 will be fired.
The hospital network said over 900 staff haven’t disclosed their vaccination status or have not yet been vaccinated.
Employees will have until October 8 to be fully vaccinated against coronavirus. If they are not fully vaccinated by then, they will be placed on unpaid leave for two weeks. If they still choose to not get vaccinated at the end of the unpaid period, UHN will terminate their employment.
Can UHN fire employees who refuse to get vaccinated?
The recent mandate from Ontario’s Chief Medical Officer of Health does NOT require UHN to fire employees who are not vaccinated. Instead, the government’s mandate provides for regular Covid tests for unvaccinated employees. As such, UHN’s policy is not dictated by the government mandate and may be challenged on human rights grounds.
Can UHN place employees on an unpaid leave of absence?
UHN can’t place on employees on a leave of absence without pay if they fail to get vaccinated. This would be considered a significant change to a worker’s job. They may be able to treat the leave as a termination (or constructive dismissal), and pursue full severance pay.
Do UHN employees get severance if they are fired?
Non-unionized UHN employees are entitled to severance pay, even if they fail to get a COVID-19 vaccination.
Their refusal to get vaccinated would not constitute a termination for cause (serious misconduct), in which an employee does not receive severance. Their actions would result in a termination without cause, meaning severance is owed.
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 can determine the amount of severance you should receive by looking at your age, length of service and position, among other factors.
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.