HJ v Canada Employment Insurance Commission

HJ v Canada Employment Insurance Commission

On the balance of probabilities the Commission proved the claimant knew failing to be vaccinated could lead to dismissal and refused to comply with the employer’s mandatory vaccination policy; that refusal amounted to wilful misconduct under s.30 of the EI Act and disqualified the claimant from EI benefits from December 26, 2021.

Citation
2022 SST 1705
Parties
Appellant (claimant): H. J.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
22 December 2022
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Dismissal, Mandatory Vaccination Policy, Benefits Disqualification
Source Language
English
Employment Insurance Labour and Employment Administrative Law Misconduct Dismissal Mandatory Vaccination Policy Benefits Disqualification

Case Brief

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Parties

H. J.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant lost her job because of misconduct
  2. 2 Whether failure to comply with an employer mandatory COVID-19 vaccination policy constitutes misconduct under the Employment Insurance Act

Ratio Decidendi

On the balance of probabilities the Commission proved the claimant knew failing to be vaccinated could lead to dismissal and refused to comply with the employer’s mandatory vaccination policy; that refusal amounted to wilful misconduct under s.30 of the EI Act and disqualified the claimant from EI benefits from December 26, 2021.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant disqualified from receiving Employment Insurance benefits from December 26, 2021 due to misconduct