AS v Canada Employment Insurance Commission

AS v Canada Employment Insurance Commission

The Commission proved the claimant wilfully refused to comply with a communicated mandatory COVID-19 vaccination policy, knew loss of employment was a real possibility, provided no medical or human rights exemption, and therefore her suspension (Oct 1, 2021) and subsequent termination (Nov 1, 2021) were for...

Source-derived case information.

Citation
2022 SST 485
Parties
Appellant: A. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 April 2022
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Employment Termination, Mandatory Vaccination Policy, EI Disqualification, Collective Agreement Dispute
Source Language
english
Employment Law Administrative Law Labour Relations Social Security/benefits Misconduct Employment Termination Mandatory Vaccination Policy EI Disqualification +1 more

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Parties

A. S.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Was the claimant suspended and dismissed for misconduct?
  2. 2 Does wilful refusal to follow a mandatory employer vaccination policy amount to misconduct under the Employment Insurance Act?
  3. 3 Whether the claimant's arguments about collective agreement illegality affect entitlement to EI benefits

Ratio Decidendi

The Commission proved the claimant wilfully refused to comply with a communicated mandatory COVID-19 vaccination policy, knew loss of employment was a real possibility, provided no medical or human rights exemption, and therefore her suspension (Oct 1, 2021) and subsequent termination (Nov 1, 2021) were for misconduct under the Employment Insurance Act, disentitling her to EI benefits for the specified period and disqualifying her thereafter.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is disentitled from Employment Insurance benefits between 2021-10-01 and 2021-10-31 inclusive