No EI benefits for man fired over COVID-19 vaccine, test refusal: Federal Court
Global News
A federal court judge says that a man in Ontario was not entitled to receive Employment Insurance benefits after losing his job for refusing COVID-19 vaccination and testing.
If you were fired from your job for refusing to get a COVID-19 vaccine and test, there is a good chance you won’t be eligible for any unemployment benefits in Canada, legal experts say.
A federal court decision last week stated that a man in Ontario was not entitled to receive Employment Insurance (EI) benefits after he was terminated from his health-care job because he failed to comply with the employer’s policy regarding COVID-19 vaccination and testing.
Anthony Cecchetto, a former employee at Lakeridge Health in the Greater Toronto Area, was put on unpaid leave in September 2021 and then dismissed a month later, according to the ruling.
His EI application was denied in October 2021 because he had lost his job due to “misconduct” and was seeking a judicial review of an earlier decision by the Social Security Tribunal, which had ruled he was not eligible for EI.
Federal Court Justice William Pentney said in his ruling dated Jan. 23, 2023, that Cecchetto “has not put forward any legal or factual argument that persuades me that the Appeal Division’s decision is unreasonable.”
COVID-19 vaccine mandates across Canada led to thousands of workers in different sectors and provinces losing their jobs or being put on unpaid leave.
Employment and Social Development Canada had warned in October 2021 that workers who lose their job over a refusal to vaccinate against COVID-19 may not be eligible for EI benefits.
Employment Minister Carla Qualtrough at the time told Global News that disobeying clear vaccine policies was seen as non-compliance in EI claims.