Mandatory vaccine rules likely to standup in court: Employment lawyers

Push back on vaccination policies With local hospitals, cities and other agencies adding vaccine policies some are pushing back. CTV Windsor’s Michelle Maluske with details.

Windsor, Ont. — Two Canadian employment lawyers tell CTV News mandatory vaccine policies will be difficult for people to fight.

“Employees are unfortunately going to have to get vaccinated in order to return to work,” says Athan Makrinos.

Makrinos says employers are within their rights and are legally bound to provide a safe work environment.

“They could be liable for millions and millions in damages if they don’t (and an employee gets COVID from the workplace),” adds lawyer Howard Levitt.

Both acknowledge that COVID is a new crisis, and none of the vaccine policies have yet been challenged in court.

However, they both say they are confident an employee would not be successful if they tried to fight for severance pay or to be reinstated, if they lose their job over vaccine status.

“Individuals who do not have a medical or religious bona fide reason for not receiving the vaccine will not meet success, should they escalate this to an actual, real grievance,” says Makrinos.

Levitt adds the number of Canadians who will qualify for a medical or religious exemption is extremely low