We want to make you all aware of the change to the Employment Standards Act (Ontario) legislation. This recent change is dangerous and unconstitutional.
Under “Reasons an employee may take infectious disease emergency leave” it states:
Employees can take infectious disease emergency leave if they will not be performing the duties of their position because of any of the following reasons:
4. The employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to a designated infectious disease. The ESA does not require employers to pay employees during that time.
Examples include where the employer:
a. is concerned that employees who have not received the COVID-19 vaccine may expose others in the workplace to COVID-19 and tells them not to come to work until they have been vaccinated.
The right to refuse treatment (including vaccinations) is clearly established in case law and protected under section 7 of the Charter of Rights and Freedoms. Informed consent is required for any medical intervention in Canada.
Please watch, Constitutional Lawyer, Rocco Galati’s video where he talks about the case law already established on this matter and advice for employees.
You can visit the Constitutional Rights Center to keep up to date on all of Rocco Galati’s cases. https://www.constitutionalrightscentre.ca