The Social Security Tribunal of Canada has refused leave to appeal for a former municipal inspector who was dismissed for non-compliance with his employer’s COVID-19 vaccination policy.
The Tribunal ruled that the appeal would not proceed, upholding the previous decision that the worker — AM — was disqualified from receiving Employment Insurance (EI) regular benefits due to misconduct.
AM’s case began when he was first placed on unpaid leave of absence on Nov. 11, 2021, and subsequently lost his job on Jan. 1, 2022, for failing to adhere to the employer’s vaccination policy. The Tribunal’s decision centered on whether AM’s refusal to comply with the vaccination policy constituted misconduct under the Employment Insurance Act.
The Tribunal found that the General Division correctly decided the issue of misconduct, focusing solely on AM’s conduct rather than the employer’s actions. The General Division had previously determined that AM was aware of the vaccination policy and the consequences of non-compliance, which led to his dismissal.
AM argued that his refusal to comply with the vaccination policy was not misconduct, as he believed the policy violated the Occupational Health and Safety Act (OHSA). However, the Tribunal stated that the focus of the misconduct determination is not on the employer’s behavior but on the employee’s actions.
The Tribunal’s decision aligns with recent case law regarding the narrow role of the Tribunal in such cases. It highlighted that the Tribunal does not have the authority to address the legality or fairness of the employer’s COVID-19 vaccination policy or to determine whether the employer’s actions breached the OHSA.
As a result of this ruling, AM remains disqualified from receiving EI regular benefits from Jan. 2, 2022. This case underscores the Tribunal’s limited scope in addressing issues related to employer-imposed COVID-19 vaccination policies and the focus on the employee’s conduct in determining EI benefit eligibility.
For more information, see AM v Canada Employment Insurance Commission, 2023 SST 1239 (CanLII).
