ED v Canada Employment Insurance Commission

ED v Canada Employment Insurance Commission

The Tribunal found on the balance of probabilities that the Appellant knowingly and deliberately failed to comply with his employer's COVID‑19 vaccination policy after being informed of the requirement and denial of exemption, and that this deliberate non‑compliance constituted wilful misconduct under the Employment...

Source-derived case information.

Citation
2023 SST 247
Parties
Appellant: E. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 July 2023
Procedural Posture
Employment Insurance / General Division Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Misconduct, Suspension, Voluntary Leaving (just Cause), Vaccination Policy, Jurisdictional Preliminary Issues, Antedating Application
Source Language
english
Employment Insurance Administrative Law Labour Law Social Security Misconduct Suspension Voluntary Leaving (just Cause) Vaccination Policy +2 more

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Parties

E. D.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the employer's suspension for non‑compliance with a COVID‑19 vaccination policy constituted misconduct under the Employment Insurance Act
  2. 2 Whether the Tribunal had jurisdiction to decide the voluntary leaving/just cause issue absent a Commission reconsideration
  3. 3 Whether the applicant's failure to provide proof of vaccination was wilful or deliberate conduct amounting to misconduct

Ratio Decidendi

The Tribunal found on the balance of probabilities that the Appellant knowingly and deliberately failed to comply with his employer's COVID‑19 vaccination policy after being informed of the requirement and denial of exemption, and that this deliberate non‑compliance constituted wilful misconduct under the Employment Insurance Act, disentitling him to EI benefits for the suspension period; additionally the Tribunal lacked jurisdiction to decide the voluntary leaving/just cause issue because the Commission had not issued a reconsideration on that matter.

Court Disposition

Appeal dismissed

Orders

  • The Appellant is disentitled to Employment Insurance benefits for the suspension period January 29, 2022 to July 27, 2022 due to misconduct.
  • No decision is made on whether the Appellant voluntarily left his employment or had just cause; the Appellant may request a reconsideration from the Canada Employment Insurance Commission on that issue and, if dissatisfied after reconsideration, may file a new appeal to the Tribunal.