SM v Canada Employment Insurance Commission

SM v Canada Employment Insurance Commission

Leave to appeal was refused because the General Division made no reviewable error: the preponderant evidence showed the claimant wilfully refused to follow the employer's COVID-19 vaccination policy, that refusal directly caused dismissal and constituted misconduct under the EI Act, and allegations about ROE...

Source-derived case information.

Citation
2023 SST 217
Parties
Applicant/claimant: S. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 February 2023
Procedural Posture
Employment Insurance (ei) Appeal / Leave to Appeal to Appeal Division
Outcome
Leave to appeal refused
Legal Topics
Misconduct, Leave to Appeal, Record of Employment (roe) Accuracy, COVID 19 Vaccination Policy, Duty to Accommodate
Source Language
english
Employment Insurance Administrative Law Labour/employment Law Public Health Policy Misconduct Leave to Appeal Record of Employment (roe) Accuracy COVID 19 Vaccination Policy +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 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

S. M.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) Appeal / Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether the General Division made a reviewable error under s.58(1) of the Department of Employment and Social Development Act
  2. 2 Whether the claimant's refusal to comply with the employer COVID-19 vaccination policy constituted misconduct under the Employment Insurance Act
  3. 3 Whether alleged alteration or incorrectness of the ROE by Service Canada affects the misconduct finding

Ratio Decidendi

Leave to appeal was refused because the General Division made no reviewable error: the preponderant evidence showed the claimant wilfully refused to follow the employer's COVID-19 vaccination policy, that refusal directly caused dismissal and constituted misconduct under the EI Act, and allegations about ROE accuracy or settlement payment do not undermine that finding and are matters for other fora.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused; appeal will not proceed