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

Cory Mills, Eric Blackmore and A.J. Jensen, all 20, drown in the Sooke River in February 2020. (Contributed photos)
Coroner’s report confirms cause of death of three men at Sooke River in 2020

Cory Mills, Eric Blackmore and A.J. Jensen drown while ‘puddle-jumping’ in pickup truck

The Pacheedaht First Nation is planning a $1-million expansion to its campground in Port Renfrew. (Pixabay photo)
Expanded camping announced for Pacheedaht Campground

$1-million project is part of the B.C. Rural Economic Recovery program

Sooke Road will be down to a single lane Thursday night while crews work on a water main connection. (Pixabay stock image)
Sooke Road down to single lane for water main connection

Night work scheduled for Thursday, early Friday morning

Soloman and Zev Nagler enjoy time on the beach at Witty’s Lagoon Regional Park on a summer day. The Capital Regional District is in the process of determining whether to institute parking fees at this and eight other CRD parks. (Black Press Media file photo)
CRD parks committee rejects new Greater Victoria parking fees – again

More arguments against fee hikes, pay parking at nine parks, brought forward by committee members

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Feb. 23

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media File Photo)
POLL: Are you struggling with Greater Victoria’s cost of housing?

While Victoria remains one of the most expensive cities in the country… Continue reading

Nanaimo-raised singer Allison Crowe with director Zack Snyder on the set of ‘Man of Steel’ in 2011. Crowe performs a cover of Leonard Cohen’s Hallelujah in the upcoming director’s cut of ‘Justice League.’ (Photo courtesy Clay Enos)
Island-raised musician records song for upcoming ‘Justice League’ film

Allison Crowe’s rendition of Leonard Cohen’s Hallelujah closes out the movie

A 50-year-old man was stabbed in an altercation that started with a disagreement about physical distancing. (File photo)
Argument about physical distancing escalates to stabbing in Nanaimo

Victim, struck with coffee cup and then stabbed, suffers minor injuries; suspect arrested

A battery electric-hybrid ferry, pictured here, is expected to make its way to Vancouver Island in late 2021, says B.C. Ferries. (Submitted photo)
Hybrid ferry for Gabriola-Nanaimo route launches in shipyard in Europe

Two hybrid vessels to replace MV Quinsam by early 2022, says B.C. Ferries

NDP leader Jagmeet Singh holds a press conference on Parliament Hill in Ottawa on Wednesday, Feb. 24, 2021. THE CANADIAN PRESS/Sean Kilpatrick
NDP will not trigger election as long as pandemic continues: Singh

‘“We will vote to keep the government going’

The Port of Nanaimo has signed a 50-year-agreement with DP World around short-sea shipping operations at Duke Point Terminal. (News Bulletin file photo)
Lease ‘important first step’ in $105-million Nanaimo port expansion project

Port of Nanaimo and DP World sign 50-year shipping operations agreement for Duke Point

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

Most Read