COVID‑19 Vaccination Requirements: No “One‑Size‑Fits‑All” Answer
Reposted from The Lawyers Daily, LexisNexis Canada
Original publication: Feb. 10, 2022 | Author: Ian Burns
Legal experts say the big employment‑law story of 2022 will be whether employers can fire employees for refusing the COVID‑19 vaccine. Most agree there will be no universal rule; instead, each case will turn on the reasonableness of the employer’s policy and the employee’s role.
Pandemic‑Era Vaccine Policies
Across Canada, many employers introduced mandatory‑vaccination policies. Workers who refused the jab faced consequences ranging from unpaid leave to termination for cause—sparking a growing number of wrongful‑dismissal suits.
A Test Case: Horvath v. Ducks Unlimited
- Andrea Horvath, a B.C. accountant who works 100 % remotely, was dismissed for refusing vaccination.
- She argues that, because she never meets co‑workers or customers in person, vaccination is unnecessary.
- Ducks Unlimited counters that occasional in‑person meetings and OHS duties justify the policy.
Her lawyer, Taran Dhanda‑Sidhu, says employers cannot unilaterally define occupational‑safety requirements that exceed government mandates—especially for fully remote staff.
Key Legal Perspectives
- Stuart Rudner (Rudner Law): Discipline is valid only if the policy is reasonable. Front‑line health workers? Likely reasonable. Remote tech staff? Likely not.
- Michael Lynk (Western University): Employers should exhaust alternatives—rapid testing, remote work, exemptions, or unpaid leave—before termination.
Both predict years of litigation with inconsistent outcomes until appellate courts, possibly the Supreme Court of Canada, clarify the law.
Why “Reasonableness” Varies
Factors courts and arbitrators weigh include:
- Nature of the work (front‑line vs. remote)
- Workplace safety obligations under OHS legislation
- Public‑health guidance and government mandates
- Availability of less intrusive measures (testing, masking)
- Charter and human‑rights exemptions (medical or religious)
Looking Ahead
Expect a “tremendous” volume of cases testing:
- Whether remote employees can be fired for non‑compliance
- If unpaid leaves constitute constructive dismissal
- The scope of allowable exemptions to otherwise reasonable policies
Courts will likely continue a fact‑specific analysis, rejecting any blanket solution.
Need guidance on vaccine policies or dismissals?
📧 Email: contact@sagelegalsolutions.ca
📞 Phone: 289‑270‑7243
Source: The Lawyers Daily
Photo credit: Sage Legal Solutions (licensed stock).