Air CanadaBԪַs decision not to offer rapid testing as an alternative for employees who refuse to be vaccinated against COVID-19 sets a tough new precedent that other companies may emulate, experts say.
The countryBԪַs largest airline will require all employees to disclose their vaccination status by Oct. 30. Employees who donBԪַt have a valid reason for not having their shots, such as a medical exemption, will face consequences BԪַup to and including unpaid leave or termination,BԪַ the airline said.
Chantel Goldsmith, an employment lawyer and partner with Samfiru Tumarkin LLP in Toronto, said Air CanadaBԪַs move is groundbreaking in that itBԪַs a true vaccine mandate. She said companies that offer their unvaccinated employees wiggle room in the form of testing arenBԪַt really making vaccination a condition of employment at all.
Air CanadaBԪַs announcement Wednesday came a week after most of CanadaBԪַs big banks announced their own employee vaccination policies. The airline and banking sectors are both federally regulated industries, and as such, have been ordered by Ottawa to require vaccination for their employees.
However, while many companies BԪַ including BMO and TD Bank BԪַ will allow unvaccinated workers to remain on the job as long as they submit to a regular COVID-19 rapid testing regime, Air Canada will not.
BԪַUsing the word mandating doesnBԪַt actually mean mandating in that circumstance,BԪַ Goldsmith said.
As long as the airline lives up to its commitment to accommodate employees who, for legitimate reasons, cannot be vaccinated, the airline is within its legal rights, she added.
BԪַI think this is the first weBԪַve seen by a big major employer thatBԪַs taken that step, but I do foresee other employers following suit,BԪַ Goldsmith said.
However, that doesnBԪַt mean that companies with strict vaccination mandates wonBԪַt face pushback. The International Association of Machinists and Aerospace Workers (IAMAW), the union that represents thousands of Air Canada employees including groundcrews, said in a statement Thursday it BԪַcategorically rejectsBԪַ the use of termination and discipline as a way to increase vaccination rates.
BԪַThere are other ways to encourage participation in a vaccination program such as regular testing, PPE, remote work, and proven health and safety protocols,BԪַ the IAMAW said. BԪַVaccination should not be the sole method of curbing COVID-19.BԪַ
Porter Airlines, WestJet Airlines and Transat have also said say they will comply with the federal governmentBԪַs vaccine mandate for transportation industry employees. However, Porter has said unvaccinated employees can still work provided they get tested 72 hours prior to a shift, while WestJet and Transat have not yet announced the details of their vaccination policies.
The Air Line Pilots Association (ALPA), which represents pilots at WestJet and Transat, said in an internal memo to members obtained by The Canadian Press that it BԪַrejects threats of termination if vaccine requirements are implemented.BԪַ
Many Canadian workers who donBԪַt work in federally regulated industries will soon need to tell their employer their vaccination status. The City of Toronto, the Toronto Transit Commission and several universities and health care facilities throughout Canada have all recently stated their intention to require proof of vaccination from employees.
Earlier this week, Canadian Natural Resources Ltd. BԪַ one of CanadaBԪַs largest oilsands companies BԪַ said it will be asking for proof of vaccination from all workers at its Horizon and Albian camps in northern Alberta. The company will offer a rapid testing program for unvaccinated employees.
Perry Berkenpas, executive director of the industry group Oil Sands Community Alliance, said vaccination rates among oilsands workers are as high as 75 to 80 per cent thanks to mass vaccination clinics held at work sites earlier this year.
But he said many companies will continue using rapid testing as an added layer of safety.
BԪַIn this case CNRLBԪַs made a choice in one direction BԪַ I havenBԪַt heard where others are going on that yet,BԪַ Berkenpas said. BԪַBut rapid testing will be used where they think itBԪַs necessary.BԪַ
Amanda Stephenson, The Canadian Press
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