powered by:
valneva canada inc.
opinion: no jab, no job? the minefield of mandatory vaccination
an ottawa employment lawyer says the current case law "is of limited help to us," though there is a history with certain sectors, like health care.
aug 8 2021
3 minute read
we apologize, but this video has failed to load.
try refreshing your browser, or
tap here to see other videos from our team.
tap here to see other videos from our team.
by: kelly egan
one day this week, a battle-hardened union leader was on the phone when the issue of mandatory vaccinations arose.
there was a sigh, a pause, a mental clearing of the throat. “this is a hard one for us.”
and one we’ll be hearing a great deal more about. none less than prime minister justin trudeau raised the prospect this week when he said the government is considering mandatory vaccinations across the public service and any federally-regulated industries.
into the minefield we go, as ontario ndp leader andrea horwath discovered this week when she flipped and flopped on the issue in a matter of hours, finally siding with mandatory vaccinations in vulnerable sectors.
individual versus collective rights — trudeau sr. would have loved the debate, to be played out large in the nation’s capital.
in non-covid times, an employer would never — could never — ask an employee if they’ve taken advantage of a flu vaccine or any other medical treatment that might enhance or detract from communal health in a workplace. or inquire about this disease or that one. if it doesn’t affect job performance, not the boss’s business, right?
but covid-19 is uncharted water. the employer has an obligation to ensure a work environment that is safe from hazards — airborne or otherwise — that might, literally, harm or even kill other workers.
advertisement
advertisement
but workers, especially unionized ones, have a right to their medical privacy and to be “accommodated” if work demands impinge on their human and legal rights, like freedom from unwanted needles. the judge’s brow is furrowing already.
there are some 120,000-plus federal workers in the ottawa area (many more with regulated industries) and even with vaccination rates in the 80-per-cent range, it leaves thousands who may never get the jab, law or no law, but want to keep doing their jobs.
“this issue is completely extraordinary,” said well-known ottawa employment lawyer janice payne. “we’ve never been through anything like the last 18 months, possibly in human recorded history.”
she said the current case law “is of limited help to us,” though there is a history with certain sectors, like health care.
“it’s obvious enough to us that it will be easy to require vaccinations in health care, child care or elder care. it should be easy to be successful there. in the broader workplace, it’s harder.”
of challenges under the charter of rights and freedoms, she expects many.
in typical canadian fashion, we may be headed toward a compromise: not necessarily mandatory vaccination, but mandatory vaccination if necessary.
advertisement
advertisement
the leader of canada’s largest federal union, the public service alliance of canada, seemed to be staking out this “nuanced” position in his reaction to the pm’s intentions.
president chris aylward said the alliance wants to see “specific measures” in any government directive and details about which workers would be impacted.
“given that many of our members are already being asked to return to federal workplaces, we would urge the government to both provide a clear position as soon as possible, and to ensure that any measures they propose take into consideration our members’ health and safety, their human rights as well as privacy, and the protection of the public.”
on the last point, it probably doesn’t make sense to make vaccinations mandatory on an administrative worker, for instance, who always works at home and doesn’t much engage with the public or other staff.
the fight is there to be had — on behalf of broader public good? — but is it worth the employer’s effort to take up?
the reaction of the
professional institute of the public service of canada was in a similar vein.
vice-president stéphane aubry told the national post the union expects some federal employees (medical and frontline staff, correctional workers) to be subject to mandatory vaccination, but cautioned about a blanket order.
advertisement
advertisement
“it (trudeau) really is going into that direction, it’s a concern for us.”
and what of the private sector? should amazon make vaccinations mandatory in its warehouse network? would that even be legal?
the issue gets clouded by conventional wisdom or popular opinion, which is that everyone should be vaccinated and those who refuse should be ready for consequences, including being barred from work.
no jab, no job; my health, your right to refuse precautions. is there a peace to be had?
sure looks like we’re buckling up for a long, bumpy ride.
to contact kelly egan, please call 613-291-6265 or email
share story
