AS v Canada Employment Insurance Commission

AS v Canada Employment Insurance Commission

The claimant wilfully failed to comply with his employer’s COVID-19 vaccination policy, which was an express condition of employment; that wilful non‑compliance directly caused his placement on unpaid administrative leave and therefore constituted misconduct under the EI Act, disentitling him from EI benefits.

Citation
2023 SST 234
Parties
Appellant/claimant: A. S.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 February 2023
Procedural Posture
Employment Insurance Suspension/misconduct Disentitlement / General Division Hearing on the Merits After Remand From the Appeal Division
Outcome
Appeal dismissed
Legal Topics
Misconduct Disentitlement (s.31 EI Act), COVID 19 Vaccination Policy, Suspension Vs Voluntary Leave, Jurisdictional Limits Regarding Collective Agreements and Employer Policies
Source Language
English
Employment Insurance Administrative Law Labour and Employment Law Public Health Law Misconduct Disentitlement (s.31 EI Act) COVID 19 Vaccination Policy Suspension Vs Voluntary Leave Jurisdictional Limits Regarding Collective Agreements and Employer Policies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

A. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Suspension/misconduct Disentitlement / General Division Hearing on the Merits After Remand From the Appeal Division

Legal Issues

  1. 1 Was the claimant suspended from his job because of misconduct?
  2. 2 Whether the Tribunal may consider employer conduct or collective agreement issues when deciding misconduct under the EI Act

Ratio Decidendi

The claimant wilfully failed to comply with his employer’s COVID-19 vaccination policy, which was an express condition of employment; that wilful non‑compliance directly caused his placement on unpaid administrative leave and therefore constituted misconduct under the EI Act, disentitling him from EI benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is disentitled to Employment Insurance benefits for the period of the suspension