Nonunionized Employment Matters

Many private or public sector employees have implemented a vaccine mandate to force workers to choose between employment or vaccination. TDF has assisted many of these employees in navigating this choice. 

Nonunionized Employee #1

This person is employed in the court system. In 2021, the employee was informed that rapid testing would no longer be an option for unvaccinated court workers. She was given a deadline by which time she must provide proof of receiving her second dose of an approved COVID-19 vaccine. The employee refused to comply with the requirements of her employer. The employee requested that the employer accommodate her and permit her to continue working from home as other employees had done. Nonetheless, the employer declined her requests. The employee was suspended without pay in 2021. She consulted TDF regarding her legal rights.

Result: We provided general legal information regarding employment law. We suggested that she may have options under employment law legislation. TDF directed her to counsel who may be able to assist her with a potential action for constructive dismissal.

Nonunionized Employee #2

The employee works in the healthcare industry. She is a member of a First Nations Band. Following her employer’s unilateral implementation of a vaccine policy, she was placed on unpaid leave. She consulted with TDF to understand her legal rights.

Result: Following several discussions with our legal team, the employee has decided to seek a religious exemption — something of which she was unaware until we spoke with her. She has been in contact with several elders in her Band along with the Band’s spiritual leader. She is connecting with her elders and requesting documents in support of her claim.

Nonunionized Employee #3

This employee is a researcher at a health facility. His employer implemented a vaccine policy in 2021 notifying employees that they would be terminated should they fail to receive two doses of an approved COVID-19 vaccine. The employee was informed by his employer that he did not qualify for an exemption under religious or medical grounds and, further, that exemptions were only granted for individuals suffering from adverse reactions to the vaccine. As a result, the employee decided to receive his first dose of the vaccine. He experienced numerous negative side effects. The employee then received the second dose of the vaccine, whereupon he was diagnosed with a medical condition resulting from the vaccine. The employee consulted TDF regarding his legal rights.

Result: TDF provided general legal information about his legal rights. The employee is considering a WSIB claim against his employer.