ZF v Canada Employment Insurance Commission

ZF v Canada Employment Insurance Commission

The General Division reasonably found on the preponderance of evidence that the claimant wilfully refused to comply with an employer vaccination policy after being informed and given time to comply and that this deliberate refusal constituted misconduct under the EI Act and directly caused her suspension; no...

Source-derived case information.

Citation
2023 SST 324
Parties
Applicant / Claimant: Z. F.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 March 2023
Procedural Posture
Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division After General Division Decision
Outcome
Leave to appeal refused
Legal Topics
Misconduct, Vaccination Policy, Leave to Appeal, Duty to Accommodate, Jurisdictional Limits
Source Language
english
Employment Insurance Administrative Law Social Security Human Rights Misconduct Vaccination Policy Leave to Appeal Duty to Accommodate +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Z. F.

Applicant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Leave to Appeal / Application for Leave to Appeal to Appeal Division After General Division Decision

Legal Issues

  1. 1 Whether the General Division made a reviewable error under s.58(1) DESD Act
  2. 2 Whether the claimant's refusal to comply with the employer COVID-19 vaccination policy constituted misconduct under the EI Act
  3. 3 Whether issues of employer obligation, human rights or duty to accommodate could be adjudicated in EI misconduct proceedings

Ratio Decidendi

The General Division reasonably found on the preponderance of evidence that the claimant wilfully refused to comply with an employer vaccination policy after being informed and given time to comply and that this deliberate refusal constituted misconduct under the EI Act and directly caused her suspension; no reviewable error was demonstrated under the limited s.58(1) grounds, therefore leave to appeal is refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused; the appeal will not proceed.