Employers can ask for vaccine status of staff, according to B.C. lawyer
A B.C. workplace lawyer says employers and business owners are well within their rights to ask for the vaccination status of staff, ahead of the proof-of-vaccination card coming into effect.
From Monday, non-essential businesses in B.C. will be required to check customers' vaccine status, using the app system.
But the program does not apply to staff.
“The government, provincially, is basically putting the onus on employees to enforce the vaccine passport,” said workplace lawyer Paul McLean. “But there’s no obligation that the person serving you is fully vaccinated."
McLean is a partner at law firm Mathews, Dinsdale & Clark LLP, based in downtown Vancouver. He says in the context of a global pandemic, certain rights, such as privacy, will be trumped by public safety requirements.
“That’s a pretty minimal intrusion when you look at the greater good, which is trying to keep everybody in the workplace safe,” he said.
Can an employer ask the vaccination status of staff?
“In this context, I would say yes,” said McLean.
Vaccination status is considered private information, but it’s likely the courts would regard an employee’s right to privacy as less important than public health - a concept echoed by another expert when the proof-of-vaccination program was announced.
But McLean says businesses need to handle sensitive information properly.
“Best practices would be to safeguard that information so it’s not disclosed company wide,” he said, adding it may even be destroyed after a period of time.
What if an employee refuses to be vaccinated?
In certain industries, McLean says, employers would be within their rights to terminate an employee who refuses to be vaccinated. One example he cites is a fitness instructor who comes into close contact with people during workouts in indoor, confined spaces.
McLean said employers should try to educate staff and encourage them to be vaccinated. But if a staff member refuses with no valid exemption, it’s unlikely the courts would view that as unfair dismissal.
“I think in the majority of cases that will be just cause,” McLean said. “I’m not sure there are many judges that would want to say that’s reasonable and you should be allowed to not be vaccinated and keep coming to work.”
In a statement, WorkSafeBC said, “The proof of vaccination program does not apply to workers. Although employers may develop their own policy around vaccinations. As part of WorkSafeBC’s communicable disease prevention efforts, we’re encouraging employers to support employees in receiving vaccinations for COVID-19."
CTVNews.ca Top Stories
BREAKING New York appeals court overturns Harvey Weinstein's 2020 rape conviction from landmark #MeToo trial
New York’s highest court on Thursday overturned Harvey Weinstein’s 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with improper rulings, including a decision to let women testify about allegations that weren’t part of the case.
BREAKING Monthly earnings rise, payroll employment falls: jobs report
The number of vacant jobs in Canada increased in February, while monthly payroll employment decreased in food services, manufacturing, and retail trade, among other sectors.
Doctors say capital gains tax changes will jeopardize their retirement. Is that true?
The Canadian Medical Association asserts the Liberals' proposed changes to capital gains taxation will put doctors' retirement savings in jeopardy, but some financial experts insist incorporated professionals are not as doomed as they say they are.
Secret $70M Lotto Max winners break their silence
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Remains from a mother-daughter cold case were found nearly 24 years later, after a deathbed confession from the suspect
A West Virginia father is getting some sense of closure after authorities found the remains of his young daughter and her mother following a deathbed confession from the man believed to have fatally shot them nearly two decades ago.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
Metro Vancouver mayors call for serial killer Robert Pickton to be denied parole
A dozen mayors from around Metro Vancouver say federal Attorney General and Justice Minister Arif Virani should deny parole for notorious B.C. serial killer Robert Pickton, and reassess the parole and sentencing system for 'prolific offenders and mass murderers.'
What do weight loss drugs mean for a diet industry built on eating less and exercising more?
Recent injected drugs like Wegovy and its predecessor, the diabetes medication Ozempic, are reshaping the health and fitness industries.
2 military horses that broke free and ran loose across London are in serious condition
Two military horses that bolted and ran miles through the streets of London after being spooked by construction noise and tossing their riders were in a serious condition and required operations, a British government official said Thursday.