FS v Canada Employment Insurance Commission

FS v Canada Employment Insurance Commission

The Commission proved on a balance of probabilities that the claimant was suspended and later dismissed for failing to comply with the employer's Covid-19 vaccination policy and that the claimant knew of the policy and its consequences; that failure constitutes misconduct under EI law and thus disentitles and disqualifies the claimant from Employment Insurance benefits under ss.30 and 31 of the Employment Insurance Act.

Citation
2022 SST 1804
Parties
Appellant / Claimant: F. S.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 December 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Vaccination Policy, Suspension, Disqualification From Benefits, Employer Nondisclosure/contract Change
Source Language
English
Employment Insurance Labour and Employment Administrative Law Public Health Mandates Misconduct Vaccination Policy Suspension Disqualification From Benefits +1 more

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Parties

F. S.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the claimant was suspended and dismissed because of misconduct
  2. 2 Whether failure to comply with employer Covid-19 vaccination policy constitutes misconduct under EI law
  3. 3 Whether the claimant is disentitled and disqualified from Employment Insurance benefits

Ratio Decidendi

The Commission proved on a balance of probabilities that the claimant was suspended and later dismissed for failing to comply with the employer's Covid-19 vaccination policy and that the claimant knew of the policy and its consequences; that failure constitutes misconduct under EI law and thus disentitles and disqualifies the claimant from Employment Insurance benefits under ss.30 and 31 of the Employment Insurance Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant disentitled from receiving EI benefits from 2022-01-03 to 2022-03-14