BH v Canada Employment Insurance Commission

BH v Canada Employment Insurance Commission

The claimant was aware of and deliberately refused to comply with his employer's mandatory vaccination policy after his religious exemption was denied, such deliberate non‑compliance constituted wilful misconduct within the meaning of the EI Act, and therefore the claimant is disentitled to EI benefits; the appeal has no reasonable chance of success and is summarily dismissed.

Citation
2022 SST 1240
Parties
Appellant / Claimant: B. H.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 October 2022
Procedural Posture
Employment Insurance Appeal / General Division Summary Dismissal
Outcome
Appeal summarily dismissed
Legal Topics
Misconduct Under EI Act, Mandatory Vaccination Policy, Religious Exemption, Constructive Dismissal (referenced), Summary Dismissal Procedure
Source Language
English
Employment Insurance Administrative Law Labour and Employment Human Rights (referenced) Misconduct Under EI Act Mandatory Vaccination Policy Religious Exemption Constructive Dismissal (referenced) +1 more

Case Brief

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Parties

B. H.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal / General Division Summary Dismissal

Legal Issues

  1. 1 Whether the claimant was suspended because of misconduct within the meaning of the EI Act
  2. 2 Whether refusal to comply with an employer's mandatory COVID-19 vaccination policy, after denial of an exemption, is wilful misconduct
  3. 3 Whether the conduct of the employer is relevant to the s.30 EI Act misconduct analysis

Ratio Decidendi

The claimant was aware of and deliberately refused to comply with his employer's mandatory vaccination policy after his religious exemption was denied, such deliberate non‑compliance constituted wilful misconduct within the meaning of the EI Act, and therefore the claimant is disentitled to EI benefits; the appeal has no reasonable chance of success and is summarily dismissed.

Court Disposition

Appeal summarily dismissed

Orders

  • Appeal summarily dismissed
  • Claimant disentitled to Employment Insurance benefits due to misconduct