Unvaccinated Employees— What to do?

BIS Communication - July 13, 2021

We rely on our industry resources and publications to give us timely and accurate information. The recent Canadian Press article featured on the Benefits Canada site caught our attention. It speaks to the issues employers face maneuvering through protocols where some employees will or won’t become vaccinated. What can an employer do?

This article suggests that employers could require unvaccinated workers returning to work to continue to wear their mask, steer clear of common areas, face a staggered workday, or they may even be asked to stay home.  

Managing through the minefield of issues returning to work brings, post pandemic, the following quote from Olivia Cicchini, an employment law specialist in Toronto, caught our eye:

If your workplace is in Canada and it’s not unionized, employers can terminate employees for any reason at any time as long as that reason isn’t discriminatory. If an employee chooses not to get vaccinated just because of personal choice, the employer could choose to terminate them on a without-cause basis and provide them with their termination pay.

This is a pretty stark statement, but while we know that many clients are considering their own protocols, to ensure a fit with their corporate culture, we wanted to share this recently published article in case any part of it assists you in developing your organization's policies. Click here to read The Canadian Press article in its entirety: Employers grappling with unvaccinated employees upon return to office.