Rebecca Abdo v. Attorney General of Canada
Rebecca Abdo
Law Firm / Organization
Independent
Lawyer(s)

Jody Wells

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Jared Porter

  • Context: Rebecca Abdo's termination from Canada Blood Services for not adhering to its COVID-19 vaccination policy led to her Employment Insurance (EI) benefits being denied. She sought judicial review of the Social Security Tribunal Appeal Division's (SST-AD) decision, which affirmed the General Division's (SST-GD) ruling.

  • Issue: The core issue was whether the SST-AD's decision to deny Abdo's appeal was reasonable.

  • Applicant's Argument: Abdo contended that her refusal to get vaccinated, based on religious beliefs, shouldn't be classified as misconduct. She argued the SST-AD and SST-GD overlooked critical aspects like the relevance of the policy's lawfulness and the proper interpretation of 'misconduct' under the Employment Insurance Act (EIA).

  • Court's Analysis: The court referenced a similar case (Francis), where refusal to comply with a COVID-19 vaccination policy was considered misconduct under the EIA. It found Abdo's situation analogous, noting her deliberate choice to disobey the policy even after her exemption request was denied.

  • Key Findings: The court distinguished this case from others where non-compliance resulted from employer harassment, emphasizing that Abdo's refusal was a conscious decision against a workplace safety policy.

  • Conclusion: The Court determined the SST-AD's decision to deny leave for appeal was reasonable, classifying Abdo's actions as voluntary misconduct under the EIA. Consequently, her application for judicial review was dismissed without costs.

Federal Court
T-800-23
Employment law
Respondent
17 April 2023