LC v Canada Employment Insurance Commission

LC v Canada Employment Insurance Commission

Leave to appeal was refused because the Appeal Division found no arguable error of law, jurisdiction, fact or procedural unfairness in the General Division decision, which reasonably concluded the Claimant knowingly refused to comply with the employer’s vaccination policy constituting misconduct and determined that...

Source-derived case information.

Citation
2023 SST 313
Parties
Claimant: L. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 March 2023
Procedural Posture
Employment Insurance Denial for Misconduct / Application for Leave to Appeal to Appeal Division
Outcome
Application for leave to appeal refused; appeal will not proceed
Legal Topics
Misconduct, Vaccination Mandate, Charter Rights, Leave to Appeal, Procedural Fairness
Source Language
english
Employment Insurance Administrative Law Constitutional Law Misconduct Vaccination Mandate Charter Rights Leave to Appeal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

L. C.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Denial for Misconduct / Application for Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether refusal to comply with an employer COVID‑19 vaccination policy constitutes misconduct under the EI Act
  2. 2 Whether the General Division erred in law by failing to consider a Charter challenge to the employer policy when deciding misconduct
  3. 3 Whether there is an arguable ground to grant leave to appeal (reasonable chance of success)

Ratio Decidendi

Leave to appeal was refused because the Appeal Division found no arguable error of law, jurisdiction, fact or procedural unfairness in the General Division decision, which reasonably concluded the Claimant knowingly refused to comply with the employer’s vaccination policy constituting misconduct and determined that Charter challenges are to be advanced in other forums, not in the EI misconduct determination.

Court Disposition

Application for leave to appeal refused; appeal will not proceed

Orders

  • Leave to appeal refused
  • Appeal dismissed at leave stage