CH v Canada Employment Insurance Commission
The Commission established on the balance of probabilities that the claimant was informed of the employer's vaccination policy and knew she could be dismissed for non-compliance; that knowledge rendered her failure to comply wilful and therefore misconduct under the EI Act, disqualifying her from benefits.
- Citation
- 2022 SST 1265
- Parties
- Appellant (claimant): C. H.; Respondent (commission): Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 6 September 2022
- Procedural Posture
- Employment Insurance / General Division Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Misconduct, Vaccination Policy Non Compliance, Dismissal, Wrongful Dismissal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
C. H.
Appellant (claimant)
Canada Employment Insurance Commission
Respondent (commission)
Procedural Posture
Employment Insurance / General Division Decision
Legal Issues
- 1 Whether the claimant lost her job because of misconduct
- 2 Whether failure to comply with an employer vaccination policy constitutes misconduct under the Employment Insurance Act
Ratio Decidendi
The Commission established on the balance of probabilities that the claimant was informed of the employer's vaccination policy and knew she could be dismissed for non-compliance; that knowledge rendered her failure to comply wilful and therefore misconduct under the EI Act, disqualifying her from benefits.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Claimant disqualified from receiving Employment Insurance benefits for misconduct effective October 17, 2021
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment