Applicant
Respondent
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.
Court
Federal CourtCase Number
T-800-23Practice Area
Employment lawAmount
Winner
RespondentTrial Start Date
17 April 2023Download documents