ZF v Canada Employment Insurance Commission,

ZF v Canada Employment Insurance Commission,

The appeal is summarily dismissed because the Commission established on the balance of probabilities that the claimant was placed on unpaid leave for refusing to comply with the employer's mandatory COVID-19 vaccination policy, conduct that meets the definition of wilful misconduct under s.31 of the EI Act, and there is no evidence or argument the claimant could present at a hearing that would lead to a different outcome.

Citation
2022 SST 1245
Parties
Appellant / Claimant: Z. F.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 October 2022
Procedural Posture
Employment Insurance Appeal / General Division — Summary Dismissal
Outcome
Appeal summarily dismissed
Legal Topics
Misconduct, Vaccination Policy Non Compliance, Disentitlement to EI Benefits, Summary Dismissal
Source Language
English
Employment Insurance Administrative Law Labour and Employment Law Human Rights (context) Misconduct Vaccination Policy Non Compliance Disentitlement to EI Benefits Summary Dismissal

Case Brief

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Parties

Z. F.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal / General Division — Summary Dismissal

Legal Issues

  1. 1 Whether the appeal should be summarily dismissed as having no reasonable chance of success
  2. 2 Whether the claimant was suspended or dismissed for misconduct under the EI Act
  3. 3 Whether failure to comply with an employer's mandatory vaccination policy constitutes misconduct

Ratio Decidendi

The appeal is summarily dismissed because the Commission established on the balance of probabilities that the claimant was placed on unpaid leave for refusing to comply with the employer's mandatory COVID-19 vaccination policy, conduct that meets the definition of wilful misconduct under s.31 of the EI Act, and there is no evidence or argument the claimant could present at a hearing that would lead to a different outcome.

Court Disposition

Appeal summarily dismissed

Orders

  • Appeal summarily dismissed
  • Claimant disentitled from receiving Employment Insurance benefits pursuant to section 31 of the Employment Insurance Act