Employment lawyer on denial of EI benefits after termination

A recent federal court ruling regarding Employment Insurance (EI) benefits and terminations as a result of a workplace vaccine policy has the potential to impact many similar cases.

A former Lakeridge Health employee was terminated for refusing to be vaccinated or undergo testing and was refused EI as a result of non-compliance.

Jon Pinkus, a Toronto employment lawyer and partner at Samfiru Tumarkin LLP, explained to Global News why this ruling shouldn’t come as a surprise to many Canadians.

“Employment insurance is a federal scheme, so this applies across the country in that sense,” Pinkus stated.

Pinkus goes on to explain that COVID-19 testing will not be viewed in the same manner by courts as vaccination.

“There was also a decision where an employee who had not been given the alternative of testing to vaccination was deemed to be entitled to employment insurance, and that was deemed not misconduct.”

Terminations for cause and severance payments as a result of vaccine policies have yet to be determined by courts, Pinkus explained.

“There is no precedent of an employer asserting that an employee has been guilty of gross misconduct as a result of essentially declining a form of medication.”