MB v Canada Employment Insurance Commission

MB v Canada Employment Insurance Commission

Time to file was extended because the claimant provided a reasonable explanation (caregiving duties). However permission to appeal was refused because the General Division did not make a reviewable error: on the record it properly found that the claimant intentionally refused to comply with the employer's COVID-19...

Source-derived case information.

Citation
2023 SST 208
Parties
Applicant: M. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 February 2023
Procedural Posture
Employment Insurance / Appeal Division Application for Leave to Appeal; Extension of Time Decision
Outcome
Extension of time granted; application for permission to appeal refused; appeal will not proceed
Legal Topics
Misconduct, Suspension, Vaccination Policy, Extension of Time, Permission to Appeal, Jurisdiction, Collective Agreement, Accommodation, Charter Rights
Source Language
english
Employment Insurance Administrative Law Labour Law Social Security Misconduct Suspension Vaccination Policy Extension of Time +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. B.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Application for Leave to Appeal; Extension of Time Decision

Legal Issues

  1. 1 Timeliness and extension of time to file the application
  2. 2 Whether the General Division erred in finding the claimant suspended for misconduct
  3. 3 Whether the Tribunal had jurisdiction to assess the employer's vaccination policy, collective agreement or Charter issues

Ratio Decidendi

Time to file was extended because the claimant provided a reasonable explanation (caregiving duties). However permission to appeal was refused because the General Division did not make a reviewable error: on the record it properly found that the claimant intentionally refused to comply with the employer's COVID-19 vaccination policy, which constituted misconduct under the EI Act, and the Appeal Division has no jurisdiction to reassess the reasonableness of the policy, collective agreement breaches or Charter claims here.

Court Disposition

Extension of time granted; application for permission to appeal refused; appeal will not proceed

Orders

  • Extension of time to apply to the Appeal Division is granted
  • Permission to appeal is refused; the appeal will not proceed