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Impacts de la vaccination en droit du travail

Impacts de la vaccination en droit du travail
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In secret deal, Sue Montgomery offered to maintain borough employee s salary if he quit

Posted: Apr 12, 2021 5:37 PM ET | Last Updated: April 12 CDN-NDG borough mayor Sue Montgomery was elected with Projet Montréal in 2017, but was booted from the party in January 2020 for refusing to fire her chief of staff.(Charles Contant/CBC) Sue Montgomery, the embattled mayor of Côte-des-Neiges Notre-Dame-de-Grâce, offered to let a municipal employee collect his paycheque for two months if he stopped reporting for work, and proposed hiding the deal from the borough s human resources department. Her effort to bypass HR was uncovered by a CBC Montreal investigation and it raises further ethical questions about a borough administration already fraught with internal turmoil as Montgomery does not have the authority to fire municipal employees, nor can she offer them severance pay for resigning.

What are your rights in Quebec s coronavirus vaccination campaign, experts explain

Q: Could the government make COVID-19 vaccination mandatory? A: Yes. It has this power, in exceptional cases, such as that of a pandemic, which seriously threatens the health of the population, said lawyer Dominique Boutin of Éducaloi. If a state of health emergency is declared (this is already the case in Quebec), Quebec Public Health Act gives broad powers to the government, including the power to impose vaccination on the entire population, or on part of the population, when threatened by a contagious disease. But currently, this is not the approach of the government, said Boutin. However, even if a compulsory vaccination is decreed by the government, it remains possible for a citizen to challenge this measure in court.

COVID-19 vaccination: your legal rights and obligations in a nutshell

Article content “But this is not the approach currently valued by the government,” Boutin said. And even in a situation of mandatory vaccination decreed by the government, Quebecers could still challenge the measure in court. Q: If mandatory vaccination is imposed and I still refuse the vaccine, are there consequences? A: Sanctions are possible, such as fines. A court can also order someone to be vaccinated if they refuse to do so. And if a judge has serious reasons to believe the person will not comply with such an order, the judge can order them to be taken directly to a specific location to be vaccinated, Boutin said.

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