Employer Vaccine Policies
While employers in Ontario have the option to terminate an employee for mostly any reason (save for Human Rights infringements or a limited degree of other reasons), termination of an employee without cause requires advance working notice or payment in lieu of notice (termination pay).
While the Covid-19 pandemic is relatively unprecedented, the legal community are well-aware of the established standard for what does and does not constitute “for-cause” termination of an employee. Contrary to what your employer might tell you, our firm is wholly confident that an employer’s voluntarily implemented vaccination policy is NOT grounds to terminate an employee without providing them severance and termination pay in lieu of notice. Non-compliance with a vaccination policy does not rise to the level of “misconduct” required to terminate an employee for cause.
While the Employment Standards Act sets out the minimum statutory entitlements, it is often the case that an employee is entitled to much more at common-law.
Additionally, if an employer acted unfairly or maliciously in the termination process, they may be required to pay you punitive damages.
Our firm is strongly committed to hitting back hard against employers who terminate staff for being unvaccinated or not complying with vaccination policies. We are actively taking cases against terminated employees to both the Small Claims Court (for up to $35,000.00) and the Human Rights Tribunal (where applicable).
While your employer is free to adhere to their own vaccination agenda, these decisions do come with an associated cost.
If you or someone you know has been terminated or placed on an involuntary “unpaid leave”, or those options are forthcoming, please contact our Employment Law Paralegals to discuss whether to bring a legal action against your employer.
Our consultations are FREE, and non-judgmental!
Are you owed severance? Contact us to discuss.
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