Carmine Palozzi v. Attorney General of Canada
Carmine Palozzi
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Andrew Kirk

- Parties: The applicant was Carmine Palozzi. The respondent was the Attorney General of Canada.

- Subject Matter: The employer dismissed the applicant because he failed to comply with its COVID-19 vaccination policy. The Social Security Tribunal’s General Division found him disqualified from receiving employment insurance benefits under s. 30 of the Employment Insurance Act, 1996 because he lost his job due to his misconduct. The Appeal Division affirmed the General Division’s decision. The applicant filed a judicial review application challenging the Appeal Division’s decision.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the application, and awarded no costs as the respondent sought none. The appeal court held that the Appeal Division’s decision was reasonable and supported by the evidentiary record and by the applicable jurisprudence. The appeal court decided that the Appeal Division reasonably found that it could not assess the issue of the reasonableness of the employer’s vaccination policy that led to applicant’s dismissal when determining whether he committed misconduct under the Act. The appeal court noted that the applicant could raise this issue through other avenues, including through a wrongful dismissal action or through a human rights complaint.

- Date: The hearing was set on Apr. 25, 2024. The court released its decision on Apr. 25, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-232-23
Employment law
$ 0
Respondent
07 September 2023