HE v Canada Employment Insurance Commission

HE v Canada Employment Insurance Commission

The General Division correctly applied the Faucher factors and concluded that the claimant's refusal to be vaccinated constituted a personal condition that unduly limited her chances of returning to the labour market; the positions requiring vaccination were suitable employment because they concerned the type of...

Source-derived case information.

Citation
2022 SST 1286
Parties
Applicant: H. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
30 November 2022
Procedural Posture
Employment Insurance Appeal Division / Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Availability for Work, Suitable Employment, Vaccination Policy, Leave to Appeal, Discrimination Under CHRA
Source Language
english
Employment Insurance Administrative Law Human Rights Employment Law Availability for Work Suitable Employment Vaccination Policy Leave to Appeal +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

H. E.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal Division / Leave to Appeal

Legal Issues

  1. 1 Whether the General Division made a reviewable error under s.58(1) of the Department of Employment and Social Development Act
  2. 2 Whether the General Division misapplied the third Faucher factor regarding personal conditions limiting availability
  3. 3 Whether job notices requiring vaccination constitute unsuitable employment under s.9.002 of the EI Regulations

Ratio Decidendi

The General Division correctly applied the Faucher factors and concluded that the claimant's refusal to be vaccinated constituted a personal condition that unduly limited her chances of returning to the labour market; the positions requiring vaccination were suitable employment because they concerned the type of work and duties, and therefore the claimant was not available for work and the appeal has no reasonable chance of success.

Court Disposition

Leave to appeal refused

Orders

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