73 result(s)
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1.
Canada Employment Insurance Commission v AS - 2024 SST 1366 - 2024-10-07
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact - Without regard to the evidence
Appeal Division - Error of law - Misinterpreting or not following case law
Appeal Division - Error of law - Misinterpreting or not following legislation
Appeal Division - Remedy
EI - Availability for work - While in school/training
EI - Denied for voluntary leave/quit - Just Cause
Mr. Otoman wasn’t vaccinated against COVID-19—this was his choice. He could not work as a deckhand because of an interim order that required vaccination. [...] Vaccination issues are not relevant in this case.Footnote 18 [45] These court decisions show the General Division made a legal error when it used Ontario Regulation 146/20 to decide the Claimant had proven she was available for work but unable to find suitable employment.
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2.
DG v Canada Employment Insurance Commission - 2024 SST 837 - 2024-07-17
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Remedy
EI - Denied for misconduct - Non-compliance to vaccination policy
Procedural fairness - Right to present your case
The General Division found that he had not complied with his employer’s vaccination policy. The Claimant appealed this decision to the Appeal Division. [...] The General Division found that he had not complied with his employer’s vaccination policy. [3] The General Division also found that, because of the Claimant’s misconduct, he was disqualified from receiving Employment Insurance benefits. [...] [4] The Claimant denies that he was suspended from his employment, that he was aware that he could face any consequences for not complying with his employer’s vaccination policy, or that he committed any misconduct. He argues that his employer placed him on a leave of absence from his employment and that it should be
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3.
SC v Canada Employment Insurance Commission - 2024 SST 845 - 2024-07-16
Employment Insurance (EI) - General Division - Appeal allowedEI - Availability for work - Capable of and available for work
She worked in the vaccine clinic and the chemotherapy department. Her plan is to work for a few more years. [...] [33] The Appellant says that her work in the vaccine clinic was also less physically demanding, as most of the job was preparing and administering vaccines. [...] She says that the chemotherapy department still uses paper files, and the vaccine clinic used a very specific computer program she was trained on. She says that she is unable to use Excel and PowerPoint.
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4.
MM v Canada Employment Insurance Commission - 2024 SST 620 - 2024-05-29
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for voluntary leave/quit - Just Cause
It said that employees had to be vaccinated to work, and that they had until October 18, 2021 to submit their “Vaccine Declaration” to their supervisor or HRFootnote 12. [...] • As far as she understood, she’d provided proof of vaccination as the employer requested and was waiting for another phone call about coming in for work. [...] She was fully vaccinated and wanted to work. Only her childcare obligations prevented her from returning to work when recalled.
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5.
AR v Canada Employment Insurance Commission - 2024 SST 470 - 2024-05-02
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact - Without regard to the evidence
Appeal Division - Remedy
EI - Denied for misconduct - Reason for dismissal
[35] In the Tribunal’s GD decision, the claimant was dismissed for refusing to get vaccinated. She argued that she was not aware of the policy and said that the employer had not provided a copy of the policy. [...] The policy in question was a policy requiring employees to be vaccinated. [36] The Commission is citing GD to support its argument that the employer’s actual policy need not be in evidence. [...] [37] The vaccination policy in GD required little interpretation. By not getting vaccinated, the claimant in GD violated a policy requiring her to get vaccinated.
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6.
SC v Canada Employment Insurance Commission - 2024 SST 419 - 2024-04-23
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact - Without regard to the evidence
Appeal Division - Error of law - Misinterpreting or not following case law
EI - Availability for work - Reasonable and customary efforts
SC v Canada Employment Insurance Commission, SC c Commission de l’assurance-emploi du Canada, 2024 SST 419, 2024 TSS 419, AD-23-1072 The Appellant is a registered Nurse living in X. She came out of retirement in March 2021 to work for X, helping with the vaccination clinic. She received significantly fewer shifts after [...] She came out of retirement in March 2021 to work for X (the “Health Authority”), helping out with the vaccination clinic. She received significantly fewer shifts after August 2022, but she continued to work casually at the clinic through to February 2023. [...] [19] The General Division did the same thing when it analyzed the third Faucher factor, which concerns “setting personal conditions.” The General Division found that the Claimant had set personal conditions because she did not seek work other than “the possible casual work at the vaccine clinic or with [the Health
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7.
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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8.
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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9.
NS v Canada Employment Insurance Commission - 2023 SST 1435 - 2023-10-30
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for misconduct - Non-compliance to vaccination policy
The Appellant’s employer said he was suspended and then let go because he didn’t provide the “Rapid Test result” as required by their vaccination policy. [4] The Commission accepted the employer’s reason for the dismissal. [...] [23] The Commission says there was misconduct, because the Appellant was aware that failing to comply with the employer’s vaccination policy could lead to a loss of employment whether temporary or permanent. [...] I realize the Commission submitted the Appellant intentionally chose not to comply with the employer’s vaccination policy. However, I’m not able to conclude the Appellant intentionally chose not to comply with the employer’s vaccination policy because he told the employer he would take the rapid antigen test.
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10.
Canada Employment Insurance Commission v HC - 2023 SST 1379 - 2023-10-20
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of law - Misinterpreting or not following case law
EI - Denied for voluntary leave/quit - Reasonable alternative(s) to leaving
She had not complied with her employer’s vaccination policy. This meant that she was disentitled from receiving Employment Insurance benefits during her suspension from March 8, 2022 to May 12, 2022. [...] She had sought an exemption from her employer’s vaccination policy. She sought her union’s help and filed a grievance under her collective agreement to challenge her suspension from work. [...] [30] The Claimant argues that her employer constructively dismissed her for practising her religious and spiritual beliefs and for seeking accommodation from its vaccination policy. The Claimant rejects COVID-19 vaccines as her beliefs dictate that the only medicine she can receive are those of the Creator, as they are
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11.
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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12.
PN v Canada Employment Insurance Commission - 2023 SST 1921 - 2023-09-12
Employment Insurance (EI) - General Division - Appeal allowedEI - Denied for voluntary leave/quit - Just Cause - Other employment
There were several email exchanges, she sent her resume and proof of vaccination, and she had three telephone interviews about schedules and work arrangements.
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13.
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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14.
VM v Canada Employment Insurance Commission - 2023 SST 1068 - 2023-08-11
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
involuntary leave of absence after she refused to disclose whether she had been vaccinated for COVID-19.Footnote 1 The Canada Employment Insurance Commission (Commission) decided that it didn’t have to pay the Claimant EI benefits because her failure to comply with her employer’s vaccination policy amounted to misconduct. [...] It found that the Claimant had deliberately broken her employer’s vaccination policy. It found that the Claimant knew or should have known that disregarding the policy would likely result in loss of employment.
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15.
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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16.
CS v Canada Employment Insurance Commission - 2023 SST 1054 - 2023-08-09
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of law - Ignoring evidence
EI - Denied for misconduct - Non-compliance to vaccination policy
He says that the evidence shows that he had not yet made a decision about getting vaccinated when he was let go. The Claimant says that the General Division mistakenly found that he lost his job because of misconduct. [...] He says that the evidence shows that he had not yet made a decision about getting vaccinated when he was let go. The Claimant says that the General Division mistakenly found that he lost his job because of misconduct. [...] because he refused to be vaccinated. The letter does not tell the Claimant that he can still get vaccinated by the deadline set out in the policy to avoid dismissal.Footnote 1 Yet, the employer’s earlier letter sent to the Claimant on October 14, 2021, says that he has until November 12, 2021, to get vaccinated.Footnote 2
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17.
MM v Canada Employment Insurance Commission - 2023 SST 1046 - 2023-08-03
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
of absences after he failed to provide proof that he had been vaccinated for COVID-19. The Canada Employment Insurance Commission (the 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. It found that the Appellant knew or should have known that disregarding the policy would likely lead to suspension or dismissal. [...] involuntary leaves of absence after he failed to provide proof that he had been vaccinated for COVID-19.Footnote 1 The Canada Employment Insurance Commission (Commission) decided that it didn’t have to pay the Claimant EI benefits because his failure to comply with his employer’s vaccination policy amounted to misconduct.
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18.
NS v Canada Employment Insurance Commission - 2023 SST 1040 - 2023-08-02
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact
EI - Denied for misconduct
EI - Outside of Canada
The employer’s vaccination policy remained in place during the grievance process. The employer still required its employees to either be vaccinated or to provide negative test results. [...] [42] The Claimant continued to be non-compliant with his employer’s vaccination policy. I understand that the Claimant remained off work and only returned to work after his employer ended its vaccination policy.Footnote 12 However, this needs to be clarified. [...] • Whether the employer would have continued to place the Claimant on a leave of absence or a suspension until either the Claimant complied with the vaccination policy, or until the employer varied or ended its policy. • Whether the Claimant would have returned to work before the employer ended its vaccination policy.
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19.
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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20.
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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21.
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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22.
HG v Canada Employment Insurance Commission - 2023 SST 941 - 2023-07-20
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Error of fact - Without regard to the evidence
EI - Denied for misconduct - Non-compliance to vaccination policy
EI - Qualifying for benefits - Hours of Insurable Employment
[2] On December 10, 2021, the Applicant (Claimant) stopped working because she refused to provide a COVID-19 vaccination attestation in accordance with the employer’s policy. [3] The Respondent (Commission) found that the Claimant was suspended because of misconduct.
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23.
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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24.
TN v Canada Employment Insurance Commission - 2023 SST 727 - 2023-06-06
Employment Insurance (EI) - Appeal Division - Appeal allowedAppeal Division - Remedy - Decide appeal or return to General Division
Charter appeals - Procedural requirements
EI - Denied for misconduct - Non-compliance to vaccination policy
Procedural fairness - Member bias or role
TN v Canada Employment Insurance Commission, TN c Commission de l’assurance-emploi du Canada, 2023 SST 727, 2023 TSS 727, AD-23-207 The Appellant was suspended from his job because he did not comply with the employer’s COVID-19 vaccination policy. The employer did not grant him an exemption. The Appellant then applied for [...] The General Division found that the Appellant was suspended from his job following his refusal to follow the employer’s vaccination policy. It concluded that the Appellant was suspended from his job because of misconduct. [...] [2] The Appellant (Claimant) was suspended from his job because he did not comply with the employer’s COVID-19 vaccination policy (Policy). The employer did not grant him an exemption. The Claimant then applied for Employment Insurance (EI) regular benefits.
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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