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Jessica
Consultant
Ulysses101, Expert
Hello, thank you for the question. Does your husband belong to a labour union? What industry is he in? Is the letter from his employer or from the government directly?
Ulysses101, Expert
Does it cite in the letter the federal mandate that in his employment sector, everyone must be vaccinated?
Ulysses101, Expert
This was announced over two weeks ago, that federal civil servants and those working in certain industries or have federal government contracts, will have to be fully vaccinated or provide regular negative covid tests if there's a legitimate reason to not be vaccinated.
https://www.canada.ca/en/treasury-board-secretariat/news/2021/08/government-of-canada-to-require-vaccination-of-federal-workforce-and-federally-regulated-transportation-sector.html
Please read through that. Is this the policy to which the employer is referring?
Ulysses101, Expert
The governments are getting around the constitutional issue by saying that nobody is being forced to be vaccinated. A person can still refuse, but then have to provide regular test results that are negative. Some provinces seem to be following suit. Your husband can ask the employer whether this is an internal policy or one being imposed on it by a government body; if the former then ask what gives the employer the authority to demand vaccination, and if the latter ask which government and by what decree it has given the employer this mandate. Then take it up with that government agency.
Ulysses101, Expert
There is no such right.
Ulysses101, Expert
The employer can demand that the employees be vaccinated, or wear all a single colour, or all attend a certain church. To do so may be illegal, and certainly grounds for a civil suit and a Human Rights complaint by any employee for discrimination, among other reasons.
Anyone who is let go will certainly have the option of suing the employer for termination pay and other damages. And the Human Rights Tribunal could order that the employer give the job back, unless there's a federal mandate against it, which turns into a suit against the government again.
Ulysses101, Expert
You can always consider yourself constructively dismissed and bring it to the Human Rights Tribunal, which will take years to sort out, or sue for termination pay which will be shorter and look for other work. Many many others are in the same position and this is an evolving legal issue in Canada. I can't predict what the Supreme Court will do with the inevitable constitutional challenge.
Ulysses101, Expert
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