CJ v Canada Employment Insurance Commission

CJ v Canada Employment Insurance Commission

On the balance of probabilities the Tribunal found the claimant knowingly failed to comply with the employer's vaccination policy and that this constituted wilful misconduct under the Employment Insurance Act, justifying disentitlement for the suspension period and disqualification after dismissal.

Citation
2023 SST 29
Parties
Appellant/claimant: C. J.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 January 2023
Procedural Posture
Employment Insurance / General Division Decision on Appeal of Commission Reconsideration
Outcome
Appeal dismissed.
Legal Topics
Misconduct, Disqualification From EI, Suspension From Employment, Vaccination Policy, Constructive Dismissal, Bodily Autonomy, Jurisdictional Limits
Source Language
English
Employment Insurance Administrative Law Employment Law Social Security/benefits Misconduct Disqualification From EI Suspension From Employment Vaccination Policy +3 more

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Parties

C. J.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance / General Division Decision on Appeal of Commission Reconsideration

Legal Issues

  1. 1 Was the claimant suspended and dismissed because of misconduct?
  2. 2 Does non-compliance with an employer vaccination policy constitute misconduct under the Employment Insurance Act?

Ratio Decidendi

On the balance of probabilities the Tribunal found the claimant knowingly failed to comply with the employer's vaccination policy and that this constituted wilful misconduct under the Employment Insurance Act, justifying disentitlement for the suspension period and disqualification after dismissal.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Claimant disentitled from receiving Employment Insurance benefits from November 15, 2021, to February 10, 2021, and disqualified from receiving EI benefits from February 11, 2022.