Canada Employment Insurance Commission v JD

Canada Employment Insurance Commission v JD

The Appeal Division found the General Division erred by failing to address and justify the dismissal of contradictory evidence; on the complete record the claimant was aware of the employer's vaccination policy and its consequences by December 17, 2021, intentionally refused to comply, and therefore was suspended...

Source-derived case information.

Citation
2024 SST 1065
Parties
Appellant: Canada Employment Insurance Commission; Respondent: J. D.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 September 2024
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision
Outcome
Appeal allowed in part
Legal Topics
Misconduct, Vaccination Policy, Suspension, Error of Law, Standard of Review
Source Language
english
Employment Insurance Administrative Law Employment Law Misconduct Vaccination Policy Suspension Error of Law Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Canada Employment Insurance Commission

Appellant

J. D.

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision

Legal Issues

  1. 1 Whether the General Division made an erroneous finding of fact by disregarding contradictory evidence
  2. 2 Whether the claimant was suspended for misconduct under the Employment Insurance Act
  3. 3 Whether the claimant knew or ought to have known the consequences of non-compliance with the employer's vaccination policy

Ratio Decidendi

The Appeal Division found the General Division erred by failing to address and justify the dismissal of contradictory evidence; on the complete record the claimant was aware of the employer's vaccination policy and its consequences by December 17, 2021, intentionally refused to comply, and therefore was suspended for misconduct under the EI Act from December 17, 2021 to April 1, 2023.

Court Disposition

Appeal allowed in part

Orders

  • General Division decision varied: claimant found to have been suspended for misconduct from December 17, 2021 to April 1, 2023
  • Matter decided on the existing record; no remand to the General Division