The Toronto Transit Commission (TTC) tweeted on Nov. 17 that it plans to lift its COVID-19 vaccine mandate on Nov. 27 and “invite those whose employment was terminated under the policy to return to work with seniority in tact [sic].”
The public transport agency will reinstate a reported 354 employees fired in January 2022 but says in its news release that these employees won’t receive back pay.
It was facing wrongful dismissal lawsuits amounting to nearly $3 million as of early summer this year, reported CTV News Toronto on June 24. At least four former employees were suing for damages of a total of $2.9 million as a result of being terminated due to the vaccination mandate.
The mandatory vaccination policy, released on Sept 7, 2021, originally required employees to share their vaccination status with their employer by Sept. 20 and produce proof of receiving two COVID-19 shots by Oct. 30. A number of extensions on those dates followed.
Ultimately, employees were first placed on leave starting Nov. 21, 2021, and were terminated if they had not received their second shot by the final deadline of Jan. 27, 2022, reported CityNews.
Lawsuits Over Mandate
TTC employee Piotyr Boldy had health concerns and didn’t initially plan to receive the shots, his lawyer, Kevin Fox, told CTV News Toronto. However, due to the vaccine mandate, Boldy booked his shots and got his second dose on Jan. 8, 2022, ahead of the Jan. 27 deadline. But despite being fully vaccinated, Boldy was still fired by the TTC, Fox said, adding that Boldy was working from home at the time and posed little risk of transmitting COVID-19 in the workplace.Another employee, Catherine Waterson, was fully vaccinated but objected to uploading her medical documents to the TTC’s online portal. According to court documents obtained by CTV, Waterson said she had security concerns and on Oct. 6, 2021, emailed her supervisors offering to show proof of vaccination via video conference. However, she had her request denied. Then on Oct. 28, just weeks later, TTC suffered a ransomeware attack. Waterson was terminated from her position at the TTC on Dec. 31.
TTC stated in its Nov. 17 news release that it was “following the best available science at the time.” Despite plans to lift the policy, it said it continues to encourage employees to “stay up-to-date with their COVID-19 vaccinations.” It also said it was “updating its Conditions of Employment Policy to include compliance with policies of this nature in the future if required.”
The news release said the mandatory vaccine policy “ensured employee illnesses were kept to a bare minimum and allowed the TTC to continue delivering its essential service throughout the pandemic.”
It also stated that nearly 15,000 doses of the COVID-19 vaccine have been administered on TTC properties.
The development at the TTC follows the City of Toronto’s Nov. 8 announcement that its mandatory vaccination policy would be dropped effective Dec. 1. In its news release, the city said 350 unionized employees who lost their jobs as a result of the mandate would be eligible for reinstatement.
