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ARTICLE · 12 APRIL 2024

No EI Benefits For Unvaccinated Employee Guilty Of Misconduct

Gowling WLG
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When the Canadian and provincial governments first announced the COVID-19 pandemic four years ago, few could have expected the myriad ways in which the legal landscape...

CanadaEmployment and HR
Drew McArthur
Drew McArthur
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When the Canadian and provincial governments first announced the COVID-19 pandemic four years ago, few could have expected the myriad ways in which the legal landscape would be significantly impacted. In 2024, legal disputes of all kinds continue to work their way through various tribunals and courts.

On February 28, 2024, the Federal Court upheld the decision of the Social Security Tribunal ("SBT") to deny the Applicant, Kerry Spears ("Ms. Spears"), employment insurance benefits ("EI") as a result of misconduct related to non-compliance with her employer's COVID-19 vaccination policy.

While perhaps an unsurprising result, the Federal Court's decision provides ample clarity with respect to when one will not receive EI as a result of misconduct.

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