Can You Be Fired for Refusing to Disclose Your Vaccination Status?
Employment Law Questions Answered By Lawyers.
In Ontario, refusing to follow a workplace vaccination policy is not automatically “just cause”
for dismissal. Employers must prove that the refusal makes it impossible for you to do your job,
and that firing you was a proportionate response. Just cause is a high bar, and courts apply a
contextual approach before allowing it.
When Refusal Is NOT Just Cause:
A one-time refusal to disclose vaccination status
Privacy concerns about medical information
Performing job duties successfully despite the policy
Compliance with other safety protocols (masking, sanitizing, distancing)
When Refusal MAY Be Just Cause:
Direct violation of a policy essential to the role (e.g., in health care or nursing homes)
Where there is a sufficient connection between the employee’s job responsibilities and
the requirement to be vaccinated.
Repeated refusal after warnings in a role that truly demands vaccination for safety or
travel.
Conduct showing disregard for health and safety of others.
Case in Point: Paul v. Sensient Colors (2025 ONSC 3127)
Jocelyn Paul, a Senior Sales Account Manager, was fired after refusing to disclose her
vaccination status under Sensient’s mandatory COVID-19 vaccination policy. Sensient argued
she couldn’t travel to customers or conferences without proof of vaccination and that her refusal
was wilful misconduct.
The Court disagreed:
Ms. Paul had been with the company for 10 years with excellent performance.
She serviced over 60 customers, none of whom required vaccination for visits.
Most of her clients preferred remote meetings, which she handled successfully.
She complied with all other safety measures.
Termination was disproportionate when alternatives (like leave of absence) were
available.
The Court ruled the dismissal was wrongful and awarded her 12 months’ notice,
totaling $182,822.84 in damages (salary, bonus, benefits, and pension contributions).
Employer Responsibility Matters
Courts will look at whether the employer explored alternatives before firing someone. If
termination is not the only reasonable option, dismissal “for cause” will most likely not hold up.
Bottom Line – Can You Be Fired?
Refusing to disclose vaccination status does not automatically amount to “just cause”. Unless the
refusal strikes at the core of the job or creates genuine safety risks, employers must provide
notice or severance.
Need Help? Contact An Employment Lawyer At De Bousquet PC Today.
Call our office. The lawyers at De Bousquet PC are here to support Ontario workers. Whether
you’re reviewing a contract, challenging a dismissal, or navigating workplace policies, we’ll help
you understand your rights and options.