YS v Canada Employment Insurance Commission

Because the claimant knowingly and intentionally failed to comply with her employer's mandatory COVID-19 vaccination policy despite clear notice of consequences and available suitable work contingent on compliance, her conduct met the statutory and case law test for misconduct and disqualified her from EI benefits.

Source-derived case information.

Citation: 2023 SST 280
Parties: Claimant: Y. S.; Respondent: Canada Employment Insurance Commission
Court: Social Security Tribunal of Canada
Jurisdiction: Canada
Judgment Date: 13 January 2023
Procedural Posture: Employment Insurance Appeal / General Division Decision
Outcome: Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits
Legal Topics: Misconduct, Benefit Disqualification, Mandatory Vaccination Policy
Source Language: english

Employment Insurance Social Security Administrative Law Misconduct Benefit Disqualification Mandatory Vaccination Policy

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Y. S.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

1 Whether the claimant lost her job because of misconduct under the Employment Insurance Act
2 Whether failure to comply with an employer's mandatory COVID-19 vaccination policy constitutes misconduct for EI disqualification

Ratio Decidendi

Court Disposition

Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits

Orders

Appeal dismissed
Decision of the Canada Employment Insurance Commission reconsideration dated July 6, 2022 is confirmed

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