Unvaccinated Employees and Mandatory Vaccination

Unvaccinated Employees and Mandatory Vaccination

Photo by Ivan Diaz on Unsplash

Both employers and employees are asking questions related to mandatory vaccinations and consequences for employees who don’t get them. Here we run through some of those FAQs!

Q: If vaccinations are deemed to be “mandatory” for workers, are there any legal exemptions?

A: Yes, in some cases there will be legal exceptions to a job requirement that employees be vaccinated. These exceptions come from the Ontario Human Rights Code (the “Code”), which prohibits discrimination in employment based on protected grounds. The protected grounds likely to be engaged with respect to a vaccination requirement are disability and creed. If the exemption is based on a medical reason, it will fall under disability. Religious reasons will fall under creed.

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The Start of Mandatory Vaccinations in Canada?

employer mandatory vaccine policies

Photo by Braňo on Unsplash

Last week, the federal government announced that it will be making vaccinations mandatory for federal employees and also for those working in some federally regulated industries related to travel. You can read the news release here.

The government intends to require vaccinations for federal employees by the end of September. It projects that vaccinations will be required in the federally regulated transportation sector (airlines, rail, cruise ships) by the end of October. The requirement will also apply to travellers.

The Public Service Alliance of Canada — which is the union representing the majority of impacted workers —  is apparently on board with this move.

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The End of Remote Work?

Is remote work ending?

Photo by Good Faces on Unsplash

Is remote work ending? Many of our employer clients are making plans for a return to in-person work. Likely many employees have mixed feelings about a return to the office. Sure, not wearing real pants has been nice, but many miss the in-person social aspects of work, and would maybe welcome a little bit of separation from their families, annoying cat, or their neighbour’s lawnmower. Today we will discuss some return-to-work issues.

Can I Require My Employees to Return to Work?

Employers can definitely tell their employees that they are required to return to the office. How strong a stance employers want to take on this will depend and some flexibility will likely be warranted. 

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Another Ruling on the IDEL and the Employee’s Right to Pursue Common Law Constructive Dismissal

The Ontario Superior Court has ruled once again on the right of an employee to assert a constructive dismissal in light of the O. Reg. 228/20: Infectious Disease Emergency Leave (“the Regulation”) under the Employment Standards Act, 2000 (ESA). In the latest decision, the court ruled that the Regulation does not preclude an employee from asserting a common law constructive dismissal. 

As discussed in previous posts, under the Regulation neither a reduction in the employees hours of work or wages constitute a constructive dismissal under the ESA if they occur during the COVID-19 Period. The COVID-19 Period keeps changing on us, but it currently runs from March 1, 2020 to September 25, 2021.  There have been conflicting decisions about whether the Regulation also removes an employee’s right to assert a constructive dismissal under the common law. 

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