MP v Canada Employment Insurance Commission
The claimant knowingly and deliberately failed to comply with a clearly communicated employer COVID-19 vaccination policy after her accommodation request was denied; that deliberate non‑compliance constituted wilful misconduct under the Employment Insurance Act and therefore she was disqualified from EI benefits under s.30.
- Citation
- 2022 SST 490
- Parties
- Appellant: M. P.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 31 May 2022
- Procedural Posture
- Employment Insurance / General Division Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Misconduct, Vaccine Mandate, Accommodation, Suspension and Dismissal, Eligibility for Benefits
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
M. P.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / General Division Decision
Legal Issues
- 1 Did the claimant lose her job because of misconduct?
- 2 Was the claimant's non-compliance excused by a valid accommodation?
- 3 Whether the dismissal was involuntary for EI purposes?
Ratio Decidendi
The claimant knowingly and deliberately failed to comply with a clearly communicated employer COVID-19 vaccination policy after her accommodation request was denied; that deliberate non‑compliance constituted wilful misconduct under the Employment Insurance Act and therefore she was disqualified from EI benefits under s.30.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Claimant disqualified from Employment Insurance benefits under section 30 of the Employment Insurance Act
Full Case Text
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