MM v Canada Employment Insurance Commission

MM v Canada Employment Insurance Commission

The Commission proved on the balance of probabilities that the appellant knowingly and deliberately failed to comply with her employer's mandatory COVID‑19 vaccination policy, that she knew or ought to have known dismissal was a real possibility, and that this refusal constituted misconduct under the Employment...

Source-derived case information.

Citation
2023 SST 1979
Parties
Appellant: M. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 May 2023
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Vaccination Policy, Suspension, Entitlement to Benefits
Source Language
english
Employment Insurance Administrative Law Labour Law Misconduct Vaccination Policy Suspension Entitlement to Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

M. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant lost her job for misconduct
  2. 2 Whether refusal to comply with employer COVID‑19 vaccination policy constitutes misconduct under the EI Act
  3. 3 Whether a post‑hearing minutes of settlement affects the misconduct determination

Ratio Decidendi

The Commission proved on the balance of probabilities that the appellant knowingly and deliberately failed to comply with her employer's mandatory COVID‑19 vaccination policy, that she knew or ought to have known dismissal was a real possibility, and that this refusal constituted misconduct under the Employment Insurance Act, disentitling her from EI benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant is disentitled and disqualified from receiving Employment Insurance benefits