NZ v Canada Employment Insurance Commission

NZ v Canada Employment Insurance Commission

Leave to appeal was refused because the Applicant failed to establish any arguable jurisdictional, procedural, legal or qualifying factual error by the General Division; the General Division lacked jurisdiction to rule on the validity of the employer's vaccination policy, and established authorities confirm that accommodation, contract formation and Charter arguments are irrelevant to the statutory misconduct test, so there is no reasonable chance of success on appeal.

Citation
2023 SST 1209
Parties
Claimant: N. Z.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 September 2023
Procedural Posture
Employment Insurance / Appeal Division Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Misconduct, Vaccination Policy, Procedural Fairness, Jurisdiction, Leave to Appeal
Source Language
English
Employment Insurance Administrative Law Employment Law Human Rights Constitutional Law Misconduct Vaccination Policy Procedural Fairness +2 more

Case Brief

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Parties

N. Z.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Leave to Appeal

Legal Issues

  1. 1 Is there an arguable case that the General Division failed to exercise its jurisdiction?
  2. 2 Is there an arguable case that the process at the General Division was unfair?
  3. 3 Is there an arguable case that the General Division misinterpreted what misconduct means?

Ratio Decidendi

Leave to appeal was refused because the Applicant failed to establish any arguable jurisdictional, procedural, legal or qualifying factual error by the General Division; the General Division lacked jurisdiction to rule on the validity of the employer's vaccination policy, and established authorities confirm that accommodation, contract formation and Charter arguments are irrelevant to the statutory misconduct test, so there is no reasonable chance of success on appeal.

Court Disposition

Application for leave to appeal refused

Orders

  • Permission to appeal is refused; appeal will not proceed