Your employer requires you to be vaccinated: can you refuse?
More and more companies across Canada are introducing workplace vaccination policies and firing employees for non-compliance.
Major multinational companies such as Wal-Mart, Walt Disney, Netflix and Alphabet are developing workplace vaccination requirements for employees. The list of organizations requiring proof of vaccination is also growing across Canada. They include universities, hospitals, law firms and more. Employees who refuse to get vaccinated risk losing their jobs.
Is such action legal?
Canadian businesses are pushing for a proof-of-worker vaccination system, but politicians have so far ignored the issue. Labour law experts believe that companies need to seriously weigh the pros and cons and think through a sound workplace vaccination policy. Nainesh Kotak, founder of the law firm, notes that company bosses used to be very cautious about requiring masks in the workplace, but now they are being more bold. Kotak is convinced that in certain areas, vaccinating employees is a must.
Alex Lucifero, a Toronto labour law lawyer, believes that one vaccination policy cannot be applied to all companies because it all depends on the specific circumstances. For example, it depends on the industry or whether employees are unionized.
Can employers require employees to be vaccinated? Adam Savallo, an Ontario labour law lawyer in Hamilton, Ontario, answers that there are two sides to this issue. Employers cannot force an employee to be vaccinated, but they have the right to ask for proof of vaccination because they have an obligation to provide a healthy and safe workplace environment.
Can I be fired for refusing vaccinations?
Refusal to vaccinate will be considered non-compliance with the employer's vaccination orders and therefore the employee may be dismissed. If the employee refuses for medical or religious reasons, the dismissal will be considered discrimination under the human rights code. Nevertheless, in Canada, there is a so-called "dismissal without cause" and the company can take advantage of it.
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