Human Resources Legislative Update
Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies
Date: October 20, 2021
On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is being issued.
Specifically with respect to reasons related to the COVID-19 vaccination, the updated page states:
When the employee doesn’t report to work because they refuse to comply with your mandatory COVID-19 vaccination policy, use code E (quit) or code N (leave of absence).
When you suspend or terminate an employee for not complying with your mandatory COVID-19 vaccination policy, use code M (dismissal).
Where these codes are used, ESDC may contact the employer to determine:
- if it had adopted and clearly communicated to all employees a mandatory COVID-19 vaccination policy
- if the employees were informed that failure to comply with the policy would result in loss of employment
- if the application of the policy to the employee was reasonable within the workplace context
- if there were any exemptions for refusing to comply with the policy.
Should you have any questions about this update, please contact your regular Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©
