'There’s no such thing as indefinite unpaid leave. If Metrolinx wanted to bring my clients back, they would have done it by now'
It may seem like forever ago, but think back to the fall of 2021, when the Ontario government required companies to create vaccine policies. Plenty of workers refused to get the shot, leading to firings, resignations, suspensions and, of course, a bunch of lawsuits. One case involves 10 former Metrolinx employees who were suspended without pay for not getting vaxxed. We spoke to Stan Fainzilberg, the lawyer handling their case.
In response, Metrolinx said that your clients are technically still employed. What do you make of that? Metrolinx left it vague, suspending them without pay until an unknown date. But there’s no such thing as indefinite unpaid leave. If Metrolinx wanted to bring my clients back, they would have done it by now. Most of the regulations in the province related to the vaccine have been removed. I think, effectively, my clients have been terminated; Metrolinx says they haven’t. Ultimately, it’s for a judge to decide.It’s been devastating. Financially, it’s obviously very difficult.
Metrolinx has pointed to a section of the Ontario Occupational Health and Safety Act, which states that employers must take every reasonable precaution to protect their workers. How do you respond? All of my clients were working from home when they were suspended, and their departments still have the option to continue working from home. So we feel as if they posed no real threat to other employees.We wanted to make a claim that’s feasible. If you go in with a number that’s too high, it creates a bias, and the judge might perceive one side to be unreasonable. What we’re asserting relates to wrongful dismissal.
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