AM v Canada Employment Insurance Commission

AM v Canada Employment Insurance Commission

Leave to appeal was refused because there was no arguable jurisdictional error: the General Division correctly confined its inquiry to whether the claimant's deliberate non‑compliance with the employer's vaccination policy amounted to wilful misconduct under s.30 of the EI Act and lacked authority to adjudicate...

Source-derived case information.

Citation
2023 SST 1239
Parties
Claimant: A. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 September 2023
Procedural Posture
Employment Insurance (ei) Appeal From General Division Decision / Appeal Division Leave to Appeal (application Refused)
Outcome
Leave to appeal refused; appeal will not proceed.
Legal Topics
Misconduct, Leave to Appeal, Jurisdictional Limits, Vaccination Policy, Collective Agreement, Denial of Benefits
Source Language
english
Employment Insurance Administrative Law Labour Law Occupational Health and Safety Human Rights Misconduct Leave to Appeal Jurisdictional Limits +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

A. M.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal From General Division Decision / Appeal Division Leave to Appeal (application Refused)

Legal Issues

  1. 1 Whether the General Division made a jurisdictional error in finding misconduct
  2. 2 Whether non-compliance with employer vaccination policy constitutes wilful misconduct
  3. 3 Whether employer's alleged OHSA or human rights breaches negate misconduct finding

Ratio Decidendi

Leave to appeal was refused because there was no arguable jurisdictional error: the General Division correctly confined its inquiry to whether the claimant's deliberate non‑compliance with the employer's vaccination policy amounted to wilful misconduct under s.30 of the EI Act and lacked authority to adjudicate alleged OHSA or human rights violations, so there was no reasonable chance of success on appeal.

Court Disposition

Leave to appeal refused; appeal will not proceed.

Orders

  • Application for leave to appeal refused.