73 result(s)
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1.
AL v Canada Employment Insurance Commission - 2022 SST 1428 - 2023-01-16
Employment Insurance (EI) - General Division - Appeal allowed• the Employer instituted a Covid-19 vaccination policy • the Employer clearly conveyed its expectations to the Claimant about getting vaccinated [...] • full vaccination; or • written proof of a medical reason for not being fully vaccinated; or [...] Unlawful vaccine policy? [68] The Claimant argued that the Employer’s Covid-19 Vaccination policy is illegal and violates her rights.
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2.
JB v Canada Employment Insurance Commission - 2022 SST 1797 - 2022-12-28
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
[3] The Claimant’s Employer says that she was not in compliance with its Covid-19 vaccination policy when the Claimant refused to be vaccinated and disclose her vaccination status. [...] • the Employer instituted a Covid-19 vaccination policy • the Employer clearly notified the Claimant about its expectations surrounding Covid-19 vaccination and disclosing her vaccination status [...] Further she says that demanding she be vaccinated to retain her employment is coercion and that she does not have to get vaccinated.
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3.
RB v Canada Employment Insurance Commission - 2023 SST 1250 - 2023-01-31
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
The Claimant proposed a number of solutions to her not being vaccinated with the mRNA vaccines. She was willing to be vaccinated with the Novavax vaccine that was being approved by Health Canada shortly after the Policy deadline. [...] The announcement also stated that the Novavax vaccine “provides an additional vaccine option for those who want a protein-based vaccine or who are unable to receive mRNA vaccines.” [...] That ignores that she was willing to be vaccinated with a pending non-mRNA vaccine. She was not refusing all vaccines.
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4.
LN v Canada Employment Insurance Commission - 2022 SST 1654 - 2022-12-05
Employment Insurance (EI) - General Division - Appeal allowed• the employer created a vaccination policy • the employer notified the Claimant about its expectations about getting vaccinated [...] • the employer’s vaccination policy was unfair went against the law • she was in compliance with all Covid-19 protocols that existed prior to the vaccination policy [...] [29] The Claimant both submitted and testified that the reason she did not get vaccinated was because she had a serious reaction to a previous flu vaccination.
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5.
CG v Canada Employment Insurance Commission - 2022 SST 356 - 2022-04-21
Employment Insurance (EI) - General Division - Appeal allowedEmployees were required to disclose their vaccination status, and upload proof of vaccination, in the work portal site no later than October 12th. [...] He thought that the employer did not have a right to know his vaccination status. He provided no further information on his vaccination status. [...] It defined “fully vaccinated” to occur two weeks after completing an approved vaccine series, and two weeks after receipt of a booster shot.
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6.
KM v Canada Employment Insurance Commission - 2023 SST 1131 - 2023-03-09
Employment Insurance (EI) - General Division - Appeal allowedAdding parties to the appeal
EI - Availability for work - Non-compliance to vaccination policy
She was asked if she was vaccinated, she replied she was not vaccinated and her employer terminated her employment. [...] [62] When the Appellant stopped working on September 28, 2021 the employer’s COVID-19 Vaccination Policy stated that employees who were not vaccinated by October 4, 2021 would be placed on an unpaid leave of absence for failure to comply with the employer’s COVID-19 Vaccination Policy. [...] On that date the employer’s policy required all employees to be vaccinated for COVID-19 by October 4, 2021. Those who were not vaccinated would be placed on an unpaid leave.
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7.
Canada Employment Insurance Commission v AL - 2023 SST 1032 - 2023-08-01
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of law - Misinterpreting or not following legislation
EI - Denied for misconduct - Non-compliance to vaccination policy
The government did not require the Claimant to get vaccinated. Her employer did. The General Division proceeded to ask how far her employer could go in enforcing its vaccination policy. [...] • There was nothing in federal and provincial law that required her to get vaccinated. • Directive 6 only required Ontario’s healthcare institutions to develop a vaccine policy. [...] It did not require those institutions to impose vaccine mandates on all employees. • Her collective agreement specifically gave X employees the right to refuse any vaccination.
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8.
CC v Canada Employment Insurance Commission - 2023 SST 30 - 2023-01-13
Employment Insurance (EI) - General Division - Appeal allowedThe employer had consistently stated that employees would be put on leave if they didn’t follow the vaccination policy. The Claimant was still considering whether to get vaccinated when the deadline to provide proof of vaccination passed and the employer dismissed her. [...] • the employer had a vaccination policy • the employer clearly notified the Claimant about its expectations about providing proof of vaccination [...] She had concerns about the safety of the vaccine and told them that she was not vaccinated but was considering getting the vaccine.
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9.
DR v Canada Employment Insurance Commission - 2023 SST 60 - 2023-01-23
Employment Insurance (EI) - Appeal Division - Appeal allowedHe was asked on October 22, 2021, by his own employer’s supervisor to send in his proof of vaccination. He told the supervisor he could not do that as he was not vaccinated. [...] [61] The Claimant confirmed in his testimony that he had no plans to get vaccinated at the time he was placed on an unpaid leave. He didn’t think this impacted his ability to do his job and he didn’t think he needed the vaccination. [...] The letter noted that the only exemption from the vaccination requirements were for medical reasons.Footnote 35 [79] The employer’s letter says nothing about the consequences of not becoming vaccinated.
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10.
JD v Canada Employment Insurance Commission - 2024 SST 1066 - 2024-03-26
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
The sessions also recommended the vaccine to staff, but nothing beyond that. The employer gave the Appellant no warnings that she must take the vaccine in order to continue working. [...] She had seen negative effects of the vaccine on people who had received the shot. She sought information from the employer about the health and safety impacts of the vaccine. [...] She also asked about paid leave if she had to take time off due to the vaccine’s aftereffects. Not receiving a response from the employer, she decided not to take the vaccine.
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11.
MD v Canada Employment Insurance Commission - 2024 SST 1151 - 2024-01-03
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
The Commission says she was let go because she went against the employer's vaccination policy and did not get vaccinated and did not receive an exemption (accommodation). [...] [19] The policy also says “to be considered immunized/vaccinated, all vaccinated staff and affiliates must provide proof of vaccination to Occupational Health and Safety Services (OHSS) as applicable. [...] • the employer had a vaccination policy; • the employer clearly notified the Claimant about its expectations about getting vaccinated; and
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12.
DL v Canada Employment Insurance Commission - 2022 SST 281 - 2022-03-14
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct
[2] The Claimant’s employer put a policy in place regarding COVID-19 vaccination. [3] The employer’s policy said that every employee must be fully vaccinated against COVID-19 by October 29, 2021, or, if they could not be vaccinated for religious reasons, then they would need to provide a letter from their religious leader. [...] [6] The Claimant’s employer terminated her employment on November 2, 2021, saying that her refusal to be vaccinated and abide by the vaccination policy is insubordination. [7] The Claimant then applied for employment insurance (EI) benefits. [...] [27] Second, I find the Claimant did choose one of the two accepted reasons for not getting vaccinated, as she says she cannot be vaccinated for a religious reason, so she complied with that part of the policy.
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13.
CC v Canada Employment Insurance Commission - 2023 SST 1006 - 2023-02-14
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
She didn’t take the COVID-19 vaccine because of her religious beliefs. [13] The Commission says the Appellant didn’t comply with her employer’s COVID-19 vaccine policy. [...] [15] The Appellant asked her employer to exempt her from having to take the COVID-19 vaccination. She said taking the vaccine would violate the tenets of her religious beliefs as a Christian. [...] • report their vaccination status to the employer by December 3, 2021, • have received and prove they had a first dose of the vaccine by December 10, 2021, and,
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14.
Canada Employment Insurance Commission v JB - 2023 SST 1062 - 2023-08-10
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Leave to appeal - No grounds of appeal
EI - Denied for misconduct - Non-compliance to vaccination policy
Her employer implemented a mandatory COVID-19 vaccination policy requiring employees to disclose their vaccination status. [...] Her employer implemented a mandatory COVID-19 vaccination policy requiring employees to disclose their vaccination status. [...] She testified that it was a personal decision not to be vaccinated or inform her employer of her vaccination status. She knew this decision could result in her suspension or dismissal.
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15.
FA v Canada Employment Insurance Commission - 2023 SST 1116 - 2023-07-27
Employment Insurance (EI) - General Division - Appeal allowed• There was no express duty or implied duty in his employment contract that required him to be vaccinated • The Appellant never agreed to be vaccinated when he accepted his position with the employer [...] • The Appellant’s collective agreement was never amended to required vaccination • There was no legislation that required mandatory vaccination. [...] He said that at first the policy required vaccination by October 21, 2021. At that time, those who did not attest to being vaccinated were able to work if they masked and completed rapid testing two times a week.
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16.
Canada Employment Insurance Commission v RB - 2023 SST 1249 - 2023-09-12
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of law - Misinterpreting or not following case law
EI - Denied for misconduct - Non-compliance to vaccination policy
Jurisdiction
The General Division found that the evidence showed that the Respondent was aware of the vaccination policy and that she had clearly decided not to take the mRNA vaccines. [...] [15] The Claimant submits that she was dismissed from her position because she refused the vaccines available at the time of the Policy. However, she was willing to take the Novavax vaccine that was not yet approved. [...] [56] The claimant Cecchetto submitted that refusing to abide by a vaccine policy unilaterally imposed by an employer is not misconduct. He put forward that it was not proven that the vaccine was safe and efficient.
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17.
AK v Canada Employment Insurance Commission - 2023 SST 1190 - 2023-08-31
Employment Insurance (EI) - Appeal Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
The Constitutionality and legality of an employer’s vaccination policy are irrelevant to the misconduct issue [14] The Claimant argues that his employer’s vaccination policy is illegal and unconstitutional. [...] [15] The Claimant says that the Alberta Court of King’s Bench and the Military Tribunal have found vaccination policies in those cases to be unconstitutional. He says that the vaccination policies in those cases are similar to his employer’s vaccination policy. [...] [33] Mr. Kuk chose not to comply with his employer’s vaccination policy. He argued that the Appeal Division made an error in finding that he breached his contractual obligations by not getting vaccinated.
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18.
CD v Canada Employment Insurance Commission - 2022 SST 39 - 2022-01-12
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for voluntary leave/quit - Did not quit/voluntarily leave
[4] However, on December 17, 2020, because she hadn’t been vaccinated against the COVID-19 disease, the Appellant told her supervisor that she could no longer work until she had received her first dose of vaccine. [...] The Appellant agreed to sign the document because she wasn’t vaccinated, but she didn’t sever ties with the employer, telling it that she remained available to work on call until she was vaccinated. [...] The Appellant continued to follow up with her employer, she got vaccinated, and she called the employer and went to the store to inform it of her availability for work.
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19.
RS v Canada Employment Insurance Commission - 2023 SST 527 - 2023-04-26
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact - Perverse or capricious
Appeal Division - Remedy - Decide appeal or return to General Division
EI - Denied for misconduct - Non-compliance to vaccination policy
The employer’s COVID-19 vaccination policy [30] The employer’s vaccination policy stated that the Government of Canada required employees in the federally regulated air, rail, and marine transportation sectors to be vaccinated by the end of October 2021. [...] He argues that, under the collective agreement, he could not be compelled to undergo vaccination. As such, he argues that, as he did not have to get vaccinated, he could not have foreseen that his employer would suspend and then dismiss him from his employment when he chose not to get vaccinated. [...] Vaccination or COVID-19 Molecular test—Flights Departing from an Aerodrome in Canada
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20.
MS v Canada Employment Insurance Commission - 2022 SST 1524 - 2022-12-22
Employment Insurance (EI) - Appeal Division - Appeal allowedShe had not complied with her employer’s vaccination policy that required her to be vaccinated against COVID-19. [3] Having determined that there was misconduct, the General Division found that the Claimant was disqualified from receiving Employment Insurance benefits. [...] She says that the General Division failed to decide on the legality of her employer’s vaccination policy. She says that her employer’s vaccination policy violated human rights legislation and the Canadian Charter of Rights and Freedoms. [...] error regarding what and when the Claimant knew could be the consequences if she did not comply with her employer’s vaccination policy? [11] The Claimant argues that the General Division made a factual error about whether she knew what the consequences could be if she did not comply with her employer’s vaccination policy.
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21.
Canada Employment Insurance Commission v CC - 2023 SST 1005 - 2023-07-28
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of law - Misinterpreting or not following case law
Appeal Division - Leave to appeal - Arguable case
Appeal Division - Remedy - Decide appeal or return to General Division
EI - Denied for misconduct - Non-compliance to vaccination policy
[26] The recent Cecchetto decision also involved a COVID-19 vaccination policy, misconduct, suspension, and EI benefits.Footnote 26 In that case, the claimant knew that going against the vaccination policy would get him suspended. [...] December 3, 2021: Current employees must report their vaccination status to X. December 10, 2021: Employees who were not fully vaccinated on or before December 10 must have received and submit proof of vaccination that they have had their first dose of a COVID-19 vaccine approved by Health Canada or have an exemption and [...] See the COVID-19 vaccination policy at GD3-58 to GD3-60. Return to footnote 34 referrer Footnote 35
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22.
NE v Canada Employment Insurance Commission - 2022 SST 732 - 2022-08-05
Employment Insurance (EI) - Appeal Division - Appeal allowedHe argued his employer’s vaccination policy was unlawful and challenges the legality of his employer’s vaccination policy. [...] He says his employer’s vaccination policy was unlawful. He challenges the legality of his employer’s vaccination policy. [...] why he was refusing vaccination or undergoing rapid testing. [21] The employer’s vaccination policy stated that, “Where a vaccine has been made available and a Staff member remains unvaccinated, the Staff member will be required to disclose in writing to Human Resources the reason for not being vaccinated (e.g. medical
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23.
CO v Canada Employment Insurance Commission - 2022 SST 1066 - 2022-10-26
Employment Insurance (EI) - General Division - Appeal allowed[11] He says that the employer implemented a COVID-19 vaccination policy and repeatedly told him that it was in force. He knew that he had to provide a COVID-19 vaccination attestation by January 1, 2022, and that there would be consequences if he didn’t comply with the policy. [...] On this point, he says that his supervisor met with employees every week to give them explanations and encourage them to get vaccinated.Footnote 2 [14] But the Appellant didn’t intend to get vaccinated. [...] The employer suspended the Appellant because he didn’t provide a COVID-19 vaccination attestation as required by its vaccination policy. [24] In this case, the Commission made a decision finding that the Appellant had voluntarily taken a leave of absence.
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24.
AG v Canada Employment Insurance Commission - 2023 SST 2101 - 2023-06-08
Employment Insurance (EI) - General Division - Appeal allowedEI - Benefit period - Backdating (antedating) initial claim
EI - Denied for misconduct - Non-compliance to vaccination policy
• The employer had passed a covid vaccination policy • The employer clearly notified the Appellant about its expectations about telling it whether he had been vaccinated [...] He knew that he was required to attest to his vaccination status and be vaccinated against covid or have an approved exemption under the policy. [...] [56] Even though he would not disclose his vaccination status,Footnote 23 the policy considers that a non-vaccinated person can be in compliance if they have an approved exemption.
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25.
JP v Canada Employment Insurance Commission - 2023 SST 637 - 2023-05-29
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Remedy - Decide appeal or return to General Division
EI - Denied for misconduct - Non-compliance to vaccination policy
Procedural fairness - Right to present your case
provide proof that he had received the COVID-19 vaccination (he was later dismissed from his job altogether). The Canada Employment Insurance Commission decided that it didn’t have to pay the Appellant Employment Insurance benefits because his failure to comply with his employer’s vaccination policy amounted to misconduct. [...] It found that the Appellant had deliberately broken his employer’s vaccination policy. The Appellant appealed the General Division’s decision to the Appeal Division. [...] On the face of it, the decision supports his position that he did nothing wrong by disobeying his employer’s mandatory vaccination policy.Footnote 2 The decision was the culmination of a process that began when the Claimant’s union filed a grievance against the X for requiring its employees to show proof of vaccination or