Benefits and claims - Qualification and entitlement - Misconduct - Appeals and judicial review - Employment Insurance Commission

Law360 Canada ( April 24, 2025, 3:18 PM EDT) -- Application by Zagol seeking judicial review of decision of Appeal Division (AD) of Social Security Tribunal (SST), which affirmed General Division’s (GD) decision disqualifying him from receiving Employment Insurance (EI) benefits. Zagol, a member of the Canadian Armed Forces (CAF), sought a religious exemption from the CAF’s mandatory COVID-19 vaccination policy. The CAF denied Zagol’s request for religious accommodation, finding that the risk posed by an unvaccinated member was too great. Zagol took no steps to receive the vaccine and was subsequently released by the CAF. The Employment Insurance Commission found Zagol committed misconduct by failing to follow the employer’s policy, disqualifying him from receiving EI benefits. Zagol submitted that the decisions of the GD and the AD were unreasonable because they failed to meaningfully grapple with the fact that his sincerely held religious belief rendered his conduct involuntary. The Attorney General of Canada submitted that the AD reasonably found that the GD identified the correct legal test under subsection 30(1) of the Employment Insurance Act (Act). The issue was whether the AD of the SST erred in upholding the GD’s decision finding that Zagol should be disqualified from receiving EI benefits due to misconduct....
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