AC v Canada Employment Insurance Commission

AC v Canada Employment Insurance Commission

On the balance of probabilities the appellant consciously and deliberately refused to comply with the employer's mandatory vaccination policy by not disclosing his vaccination status despite knowing the suspension consequence; such wilful refusal constitutes misconduct under the Employment Insurance Act (ss.30-31)...

Source-derived case information.

Citation
2023 SST 2092
Parties
Appellant: A. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 April 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Mandatory Vaccination Policy, Suspension, Disentitlement to Benefits, Jurisdictional Limits
Source Language
english
Employment Insurance Administrative Law Labour Law Privacy Law Misconduct Mandatory Vaccination Policy Suspension Disentitlement to Benefits +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A. C.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Was the appellant suspended due to misconduct under the Employment Insurance Act?
  2. 2 Does a refusal to disclose COVID-19 vaccination status constitute wilful misconduct?
  3. 3 Are challenges to the legality of the employer's vaccination policy or Charter rights relevant to the misconduct determination?

Ratio Decidendi

On the balance of probabilities the appellant consciously and deliberately refused to comply with the employer's mandatory vaccination policy by not disclosing his vaccination status despite knowing the suspension consequence; such wilful refusal constitutes misconduct under the Employment Insurance Act (ss.30-31) and disentitles him from EI benefits; the tribunal cannot rule on the legality or Charter validity of the employer's policy.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Appellant disentitled from receiving Employment Insurance benefits.