Original Video Source: https://www.youtube.com/watch?v=a3LGOAFGX9g (Uploaded to YouTube Aug 25. 2021)
Note: I am aware that the TTC union has backed down since this video was made, I suspect that the union leaders were probably bribed or threatened.
Canadian employment lawyer Lior Samfiru, a co-founding partner at Samfiru Tumarkin LLP, joins the Global Morning Show for their "Work: What's Next" segment to talk about mandatory vaccinations, why most employers can't enact policies forcing employees to get a COVID-19 vaccine, and terminating employees over performance issues.
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🔴 QUESTIONS ABOUT VACCINATIONS in the WORKPLACE in CANADA? Review our resources, watch a webinar, and email your questions directly to a top Canadian employment lawyer (for Ontario, Alberta and British Columbia): https://bit.ly/3D2NxSX
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0:00 - Intro
1️⃣ Businesses imposing their own vaccine mandates - 0:23
• It is important to remember that for most private enterprises this practice is still not legal. These policies could pose potential human rights violations for employees who are forced to be vaccinated by their employers.
2️⃣ Can unions fight mandatory vaccine policies and win? - 1:38
• Unions do have the ability to fight mandatory vaccination policies as it could be a potential human rights violation. Vaccinations are considered a medical procedure and unions could win this challenge.
3️⃣ Impact of Ontario government's stance on mandatory vaccines - 2:42
• The Ontario government's announcement indicates all employers in high-risk settings have to implement a vaccine policy; vaccines are still not considered mandatory. Employers should be wary of penalizing employees who are not vaccinated within these settings. The provincial government has stipulated employees who are not vaccinated must undergo COVID-19 tests.
4️⃣ Terminating employees for cause due to performance issues? - 3:51
• It is typically very difficult to terminate an employee for cause as for cause terminations are usually due to serious misconduct by an employee. Employees who have made simple errors cannot be terminated for cause and employers could face wrongful dismissal suits if they choose to pursue this type of termination. Severance packages for terminated workers can be as much as 24 months' pay in Canada.
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