WS v Canada Employment Insurance Commission

WS v Canada Employment Insurance Commission

The claimant was suspended and dismissed for failing to comply with the employer's vaccination policy, the claimant was aware of the policy and consequences, and that failure constitutes wilful misconduct under the EI Act so the claimant is disentitled/disqualified for the specified periods; the tribunal lacks jurisdiction to adjudicate the policy's reasonableness.

Citation
2022 SST 1572
Parties
Appellant (claimant): W. S.; Respondent (commission): Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 October 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Vaccination Policy, Disentitlement, Disqualification, Jurisdictional Limits
Source Language
English
Employment Insurance Social Security Law Labour Law Misconduct Vaccination Policy Disentitlement Disqualification Jurisdictional Limits

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Parties

W. S.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Was the Claimant suspended and dismissed because of misconduct?
  2. 2 Whether the tribunal can assess the reasonableness of the employer's vaccination policy

Ratio Decidendi

The claimant was suspended and dismissed for failing to comply with the employer's vaccination policy, the claimant was aware of the policy and consequences, and that failure constitutes wilful misconduct under the EI Act so the claimant is disentitled/disqualified for the specified periods; the tribunal lacks jurisdiction to adjudicate the policy's reasonableness.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant disentitled from EI benefits from 2021-11-28 to 2021-12-31