DS v Canada Employment Insurance Commission

DS v Canada Employment Insurance Commission

The Commission proved on a balance of probabilities that the claimant was suspended for failing to comply with the employer's vaccination policy and that such deliberate non‑compliance met the legal test for misconduct; therefore the claimant is disentitled from EI benefits from January 9, 2022 under s.31 of the EI Act.

Citation
2022 SST 1731
Parties
Appellant/claimant: D. S.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 December 2022
Procedural Posture
Employment Insurance Social Security Tribunal General Division / General Division Decision (appeal Hearing)
Outcome
Appeal dismissed
Legal Topics
Misconduct, Vaccination Policy, Suspension, Disentitlement, Jurisdictional Limits
Source Language
English
Employment Insurance Administrative Law Labour/employment Law Misconduct Vaccination Policy Suspension Disentitlement Jurisdictional Limits

Case Brief

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Parties

D. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Social Security Tribunal General Division / General Division Decision (appeal Hearing)

Legal Issues

  1. 1 Was the claimant suspended because of misconduct?
  2. 2 Does failure to comply with an employer vaccination policy constitute misconduct?
  3. 3 Did the Commission prove misconduct on a balance of probabilities?

Ratio Decidendi

The Commission proved on a balance of probabilities that the claimant was suspended for failing to comply with the employer's vaccination policy and that such deliberate non‑compliance met the legal test for misconduct; therefore the claimant is disentitled from EI benefits from January 9, 2022 under s.31 of the EI Act.

Court Disposition

Appeal dismissed

Orders

  • Claimant is disentitled from Employment Insurance benefits from January 9, 2022 pursuant to s.31 of the Employment Insurance Act
  • Appeal is dismissed