The Toronto Transit Commission (“TTC”) has decided to drop its COVID-19 vaccine mandate that has been in place for approximately one year. In September 2021, the TTC introduced a vaccination policy that required all employees to become vaccinated against COVID-19 to continue with their active employment. Now, the TTC has deemed that the policy is not necessary and has both dropped their vaccine policy and has indicated that terminated employees may be offered reinstatement to their positions. However, terminated employees are not going to be offered backpay stemming from the income lost between the terminations (most occurring in January 2022) and the eventual reinstatement date.

Many employers have dropped their COVID-19 vaccination policies due to improvement sin Canada’s COVID-19 situation. In November 2022, the City of Toronto also removed its COVID-19 vaccination policy. Although the vaccination policies may not be necessary now, employees should note that a court would look at whether the termination and/or unpaid leave was reasonable at the time it was effected. That being said, the fact that many employers are doing away with their vaccine policies may help the employee argument that the policies were never reasonable or necessary to begin with.

Many who were let go by the TTC as a result of the vaccination policy are now asking whether they are legally entitled to backpay for the income lost as a result of the termination, and some are wondering whether they are obligated to accept the reinstated position. Both are complex legal issues that need to be addressed in a rapidly changing legal environment.

If you were a TTC employee who was terminated and are unsure about accepting reinstatement or have questions about potential backpay, you should seek legal advice to better understand your rights. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.

Author: Nasyr Asmi