State of Emergency measures for employers
Photo by Daniel Lee on Unsplash

Inclined to believe better days are ahead of us, most of us couldn’t wait to see the end of 2020. While we’re still getting used to writing the new year, 2021 is already off to a rough start with the best news ahead not expected until September 2021 by which time we’re told we can expect that most Canadians will have been vaccinated. 

On January 12, 2021, with public health and financial recovery still in jeopardy, the Ontario government, under the advice of the Chief Medical Officer of Health, announced its latest emergency response measures. Here are the key developments for Ontario employers.
Continue Reading Ontario’s Latest Emergency Response: Key Developments for Employers

workplace mandate for vaccination
Photo by Markus Spiske on Unsplash

Now that Canada has started to administer its first COVID-19 vaccine shots, many employers are wondering if they can require their workers to get vaccinated? A workplace mandate for vaccination seems like sensible risk management after a year of devastating costs for employers due to the pandemic. 

What if My Employee Refuses to be Vaccinated?

But what can an employer do if an employee refuses to be vaccinated? As long as your employees are not unionized, employers have the right to terminate employment without cause for any reason unless it’s discriminatory. As long as the requirement or any policy related to vaccination doesn’t infringe on any human rights protection owed to the employee, the requirement is not discriminatory. Requiring an employee to be vaccinated when they have a good reason not to be – for example, they are immunocompromised and it is not recommended by their doctor – would likely be a human rights violation.  An employee terminated for refusing or delaying in being vaccinated will be owed any contractual, statutory or perhaps common law termination pay to which they are entitled. This is because the refusal to be vaccinated likely won’t be just grounds for a termination with cause. 
Continue Reading Vaccination and the Workplace