Kelowna-based lawyer David Mardiros guides readers through whether employers might lawfully be able to implement mandatory COVID-19 vaccine protocols. (Kent Employment Law photo)

Kelowna-based lawyer David Mardiros guides readers through whether employers might lawfully be able to implement mandatory COVID-19 vaccine protocols. (Kent Employment Law photo)

Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

With COVID-19 vaccines expected to reach the masses in July, questions are being raised as to whether employers in B.C. will take a step further and require worker immunization.

Kelowna-based lawyer David Mardiros, with Kent Employment Law, said the issue isn’t a new one – it’s come up in B.C. arbitrations at least twice.

In 2006, arbitrators upheld a hospital’s policy, forcing a union nurse to either immunize from influenza during an outbreak or take an unpaid leave of absence at work.

So far, in B.C. “most cases have been within the healthcare sector,” Mardiros said.

Another was settled with the employee consenting to wearing a mask to work during an influenza outbreak in 2013.

“It was an option the employee found reasonable.”

RELATED: B.C.’s COVID-19 mass vaccinations expected to start in April

The COVID-19 pandemic is new and uncharted territory for employers and employees across the province, with every workplace impacted by its spread.

Though enforcing work policies is legal, whether a wide-reaching vaccination mandate would hold up in court is another matter, Mardiros said.

Ultimately, an employer must make the case – using expert science – that requiring their staff to be vaccinated from COVID-19 is necessary.

Especially when “an accommodation can be made where worker can work from home or use personal protective equipment to prevent transmission of the disease.”

In bustling restaurants, where employees are frequently interacting with the public, such a case might prove more reasonable, said the lawyer.

“However, if their case can’t be proven, an employee fired for not vaccinating could sue for wrongful dismissal.”

READ MORE: B.C. turns to second doses of COVID-19 vaccine as supplies slow

Some halthcare workers and those in longterm care homes in B.C. were the first to be eligible to receive the COVID-19 vaccine in December.

Currently, the province has not made the COVID-19 vaccine mandatory for nurses, doctors, and other frontline staff in hospitals. Employees are instead “encouraged” to get it, according to a Jan. 9 statement from the province.

On Friday, B.C. health authorities rolled out a four-phased plan that begins with seniors older than 80 receiving immunizations this February.

By September, members of the general public, as young as 18, are expected to be able to receive their dose.

“We’re all going to have to make the decision: to vaccinate or not,” Mardiros said.



sarah.grochowski@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Coronavirusvaccines

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
36 new cases of COVID-19, one death in Interior Health

The number of active cases in the region is at 366

Sherpas Cinema films Imagination in the West Kootenay. Photo: Jake Dyson
New Kootenay film commission unveiled

The Civic Theatre and Kootenay Rockies Tourism have partnered on the initiative

Old tennis courts in Salmo are going to be renovated thanks to a School District 8 initiative. Photo: Submitted
Salmo tennis courts, skate park to be revitalized

School District 8 is partnering with other organizations on the $135,000 project

Hannah Deboer-Smith (left) and her sister Avery Deboer-Smith are involved in myriad activities in Nelson. Photo: Bill Metcalfe
The women who make Nelson great

We celebrate some of the women who make impacts big and small on our city

Kootenay-Columbia MP Rob Morrison. File photo
COMMON’S CORNER: Challenging the government on vaccine availability and more

The first of a quarterly column from Kootenay-Columbia MP Rob Morrison

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

Kelowna General Hospital (File photo)
Second death reported in Kelowna General Hospital COVID-19 outbreak

A total of seven cases have been identified at the hospital: six patients and one staff

Municipal Affairs Minister Josie Osborne speaks in the B.C. legislature, March 4, 2021. (Hansard TV)
B.C. Liberals, NDP sing in harmony on local election reforms

Bill regulates paid canvassers, allows people in condo buildings

(National Emergency Management Agency)
No tsunami risk to B.C. from powerful New Zealand earthquake: officials

An 8.1 magnitude earthquake shook the north of New Zealand Thursday morning

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

Most Read