WS v Canada Employment Insurance Commission

WS v Canada Employment Insurance Commission

Leave to appeal was refused because the Applicant failed to show an arguable case that the General Division made jurisdictional, legal, or reviewable factual errors; the General Division's finding that the claimant failed to comply with the employer's vaccination policy leading to suspension and dismissal was supported by evidence, and assessment of the policy's reasonableness was outside the tribunal's authority.

Citation
2023 SST 201
Parties
Applicant/claimant: W. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 September 2023
Procedural Posture
Employment Insurance Leave to Appeal / Appeal Division Decision on Leave to Appeal (refused)
Outcome
Leave to appeal refused; appeal will not proceed
Legal Topics
Misconduct, Vaccination Policy, Reasonableness of Employer Policy, Jurisdictional Limits, Leave to Appeal, Factual Review Standard
Source Language
English
Employment Insurance Administrative Law Employment Law Misconduct Vaccination Policy Reasonableness of Employer Policy Jurisdictional Limits Leave to Appeal +1 more

Case Brief

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 7 Party arguments 2
Sign in to unlock

Parties

W. S.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Appeal Division Decision on Leave to Appeal (refused)

Legal Issues

  1. 1 Whether the General Division made jurisdictional, legal, or reviewable factual errors
  2. 2 Whether the claimant's non-compliance with his employer's vaccination policy constituted misconduct
  3. 3 Whether the employer's vaccination policy permitted exceptions or accommodations

Ratio Decidendi

Leave to appeal was refused because the Applicant failed to show an arguable case that the General Division made jurisdictional, legal, or reviewable factual errors; the General Division's finding that the claimant failed to comply with the employer's vaccination policy leading to suspension and dismissal was supported by evidence, and assessment of the policy's reasonableness was outside the tribunal's authority.

Court Disposition

Leave to appeal refused; appeal will not proceed

Orders

  • Leave to appeal refused