A woman who lost her job over a refusal to get the COVID-19 vaccine, and was denied Employment Insurance (EI) benefits as a result, has lost her appeal of the ruling at the Federal Court after advancing an unusual argument.
The case had a bit of a different twist than past EI refusals related to job-related misconduct HR Law Canada has covered because the worker tried to argue that focusing on the employee’s conduct — and not the employer’s — could lead to a hypothetical situation that would “disregard a sexually harassed employee or a transgender employee facing discrimination.”
The worker contended that her remote work status during the pandemic and her non-compliance with the vaccination policy should not equate to misconduct, similarly to how victims of workplace harassment might leave or disobey harmful employment conditions without facing penalties.
The Court said it was not “persuaded” by that argument. It noted that under sections 29 to 33 of the Employment Insurance Act, the loss of a job is only insurable if it is involuntary.
“Claimants are disqualified from receiving EI benefits if they voluntarily leave their job without ‘just cause’ or due to the own misconduct,” the Federal Court said.
It pointed to section 29 (c) of the act that explicitly lists sexual harassment and discrimination as “just cause” for quitting a job, along with other elements like excessive overtime work, child-care or family-care obligations, and practices of an employer that are contrary to law.
For more information, see Spears v. Canada (Attorney General), 2024 FC 329 (CanLII).
