Applicant
Respondent
In the case Milovac v. Canada (Attorney General) dated August 24, 2023, Mr. Milovac sought to overturn the Social Security Tribunal’s Appeal Division's decision, which disqualified him from receiving employment insurance benefits due to alleged misconduct. This misconduct arose from Mr. Milovac's refusal to comply with his employer, Mississauga Halton Local Health Integration Network's, vaccination policy, implemented in response to Directive #6 by the Chief Medical Officer of Ontario. The directive required proof of COVID-19 vaccination unless valid medical or human rights exemptions were provided. Mr. Milovac did not report his vaccination status, citing freedom of conscience protections under the Canadian Charter of Rights and Freedoms. As a result, he was dismissed for non-compliance on November 1, 2021. The Canada Employment Insurance Commission subsequently denied his claim for benefits, stating he was dismissed due to his misconduct as outlined in the Employment Insurance Act. The General Division supported this decision, emphasizing that Mr. Milovac's actions were deliberate and he was aware of potential consequences. His subsequent appeal to the Appeal Division was denied. The Court found no reasonable grounds to challenge the General Division's decision and upheld the disqualification from employment insurance benefits.
Court
Federal CourtCase Number
T-813-23Practice Area
Employment lawAmount
Winner
RespondentTrial Start Date
20 March 2023Download documents