DK v Canada Employment Insurance Commission

DK v Canada Employment Insurance Commission

The Commission proved on a balance of probabilities that the Claimant knowingly failed to comply with the employer's vaccination policy, was placed on unpaid leave for that reason, and such wilful/noncompliant conduct constitutes misconduct under the EI Act, disentitling him from EI benefits from December 27, 2021.

Citation
2022 SST 1545
Parties
Appellant / Claimant: D. K.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 November 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disentitlement From EI Benefits, Vaccination Policy, Religious Accommodation, Suspension From Employment
Source Language
English
Employment Insurance Administrative Law Misconduct Disentitlement From EI Benefits Vaccination Policy Religious Accommodation Suspension From Employment

Case Brief

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Parties

D. K.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Was the Claimant suspended from his job because of misconduct?
  2. 2 Whether failure to comply with an employer vaccination policy constitutes misconduct under the EI Act

Ratio Decidendi

The Commission proved on a balance of probabilities that the Claimant knowingly failed to comply with the employer's vaccination policy, was placed on unpaid leave for that reason, and such wilful/noncompliant conduct constitutes misconduct under the EI Act, disentitling him from EI benefits from December 27, 2021.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is disentitled from receiving Employment Insurance benefits from December 27, 2021