Workers who lose their jobs due to refusal to be vaccinated against COVID-19 may not be eligible for unemployment benefits under updated federal government guidelines.
Human Resources and Social Development Canada has issued a mandatory vaccination notice to employers to help them complete workbooks, the documents required to apply for unemployment benefits.
The ministry said if an employee does not show up for work or is suspended or fired for refusing mandatory vaccinations, the employer must indicate this, which could cause the employee not to receive EI. .
The notice also indicates several factors that should be taken into account, including whether the vaccination policy was clearly stated, whether it was reasonable in the context of the workplace and possible exceptions.
Labor attorney Adam Savaglio said workers who refuse vaccinations and cannot work at their workplace may not receive unemployment benefits.
However, when assessing claims for benefits, it is likely that each case will be considered.
“The key question is whether you qualify for benefits if you refuse to be vaccinated,” said Savaglio, partner at Scarfone Hawkins LLP in Hamilton, Ont.
“In some circumstances, I think they will use a contextual approach that looks at all the factors of the person’s employment, including whether the obligation to vaccinate was a prerequisite of the employment contract,” he said. declared.
Savaglio added: “There will certainly be circumstances in which workers will not be eligible for benefits.”
On subject: What if a Canadian employer made vaccinations mandatory for its employees?
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