There is a lot of talk these days around “mandatory vaccine policies” at workplaces. While this is completely understandable, it’s actually a very complicated topic that must be assessed according to the needs of the workplace.
There may be some requirements for persons who work in private residences (such as home renovators, personal care assistants, private nurses, cleaners) or who provide direct-care services (healthcare, hair and nail salons, physiotherapists) to be vaccinated. However, in most cases, employers will not be able to enforce a “mandatory” requirement due to Human Rights and/or health reasons. These can range from religious refusals to allergic reactions to vaccine components.
If you have persons in your workplace who are not able/willing to be vaccinated, they must be accommodated “to the point of undue hardship”. This can include changing their duties, shifts, and locations of work (i.e. they remain working from home when others return to the office). If you are not able to accommodate them with meaningful work, they may end up losing their job as a “without cause” dismissal, which would involve paying out common-law mandated termination pay.
Contact us today for help with this very complicated issue!
