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The COVID-19 pandemic continues to present many challenges. We are still dealing with a highly transmissible virus that is responsible for the deaths of tens of thousands of Canadians and millions more around the globe. The virus has repeatedly put hospitals on the brink; on multiple occasions, resulting in the rationing of care.
The Nurses’ Union strongly advocated to have nurses and other healthcare employees at the front of the line to receive COVID-19 vaccination as soon as it was available. Thousands of our members eagerly took the vaccine to add yet another layer of protection for themselves and the vulnerable in their care. We are committed to advocating for those unable to receive the vaccine and committed to educate those who may still be vaccine hesitant.
Since the start of the pandemic, the Nova Scotia Nurses’ Union has advocated for all to follow the advice of public health experts. Regarding mandatory vaccination policies, we believe a consistent approach for the health sector is preferable to individual employers making determinations outside of their realm of expertise.
The following information may answer some of the general questions from members regarding the government’s Mandatory Vaccination Protocol and its implications. Healthcare employees worldwide are facing this unprecedented response to a global health crisis. While all the answers are not clear, we endeavour to help our members navigate this situation
Nova Scotia Government News Release, issued May 23, 2023
Frequently Asked Questions: Vaccine Mandates
While choosing to be vaccinated is an individual’s decision, NSNU continues to encourage all employees who can become vaccinated to do so.
NSNU has compiled this list of “Frequently Asked Questions” and answers to help guide members who have questions about the mandate and about the process.
What is NSNU’s position on mandatory vaccination?
You can view NSNU’s position on vaccine mandate guidelines at the link below.
How is the NSNU supporting members with questions and concerns about mandatory vaccination?
The NSNU has been providing guidance and information to members since the mandate was made public on September 29th. As we continue to learn new information, it is shared with members in a variety of ways, including this webpage. While we await detailed policies and procedures from all employers of NSNU members, we have worked diligently to determine the ways NSNU can support members who are not vaccinated. This includes balancing the rights and interests of all members, both vaccinated and unvaccinated. Members are still encouraged to reach out to their employer and workplace occupational health and safety contacts regarding any employer policy or practice.
Will the NSNU file grievances for members who do not comply with the mandatory vaccination policy?
Each member’s situation will be investigated on a case-by-case basis. The union is unable to act until an employer initiates disciplinary action. At that point a determination will be made on whether a grievance will be filed. This decision must consider the likelihood of success and the impact on the bargaining as a whole.
Are employers allowed to make vaccination policies without the union or employee’s agreement?
Employers can implement any workplace policies, including vaccination policies, so long as those policies do not conflict with the collective agreement and are reasonable. Policies must conform to Nova Scotia Public Health directives and as such will likely withstand any arbitral review.
A reasonable policy is one that balances the employer’s interests in protecting employees and the public from the danger against all employees’ interests. Policies must also comply with all applicable law including privacy laws and the Nova Scotia’s Human Rights Act.
Can an employee be disciplined for refusing to comply with other aspects of a vaccination policy?
There may be other aspects of COVID-19 policies that, if not complied with, would be grounds for discipline. Possible examples include:
- An employee who forges a fake vaccination record as proof of vaccination and provides it to the employer, where the policy requires employees to provide proof of vaccination.
- An employee who refuses to attend a vaccine education session, where the policy requires unvaccinated employees to attend such training.
- An employee who attends the workplace without a negative COVID-19 test, if the policy requires unvaccinated employees to provide such test results.
- An employee who refuses to disclose vaccination status, where the policy requires employees to disclose vaccination status.
- An employee who refuses to wear required personal protective equipment and distance, where the policy requires unvaccinated employees to personal protective equipment and distance.
Can employers require me to be tested for COVID-19?
Regular COVID-19 testing before accessing the workplace would likely be an option for reasonable accommodation for unvaccinated employees, unless the employee is unable to be tested for a reason protected by human rights legislation. Under occupational health and safety legislation, employers have an obligation to protect the health and safety of employees. This includes reducing the risk of exposure to the COVID-19 virus by monitoring levels of the virus in the workplace.
What happens if I get the vaccine and have serious adverse event? Does my employer have any responsibility to support me?
Similar to if an employee contracts COVID19 at their workplace and misses time as a result, employees who suffer a loss of income due to a serious adverse event following vaccination would be eligible to apply for Workers’ Compensation coverage. The NSNU believes that WCB coverage should be available in such instances because COVID vaccination has been made a condition of employment.
What about the Canadian Charter of Rights and Freedoms?
The Charter only applies to the actions of governments, and not to private employers. A Charter challenge could only be brought against the government’s vaccine mandate and not to the rules or policies implemented by employers.
Vaccine Questions – What Employers Are Saying
Many employers are still in the process of developing and implementing their policies and procedures to comply with the government’s mandatory Vaccination Protocol. Below is a link to the Nova Scotia Health Authority’s FAQ document which provides an example of one employer’s approach. There is also a link to the policy of Canadian Blood Services for reference.
VON has FAQ’s for their nurses, and has asked that we include this disclaimer:
While every effort has been to made to ensure that this is the most recent version of the Employee FAQs, it is subject to change. NSNU members employed by VON are encouraged to consult with their manager should there be additional questions.
Read the VON FAQ here (PDF)
