VANCOUVER — A Federal Court judge has dismissed an appeal by a 'deeply religious' British Columbia health executive who said he was wrongfully denied employment insurance after being fired three years ago for refusing to get the COVID-19 vaccine.
VANCOUVER — A Federal Court judge has dismissed an appeal by a"deeply religious" British Columbia health executive who said he was wrongfully denied employment insurance after being fired three years ago for refusing to get the COVID-19 vaccine.
He applied for employment insurance benefits but was denied due to being fired for"misconduct," with appeals to two levels of the Social Security Tribunal also failing, leading him to seek a judicial review in Federal Court in August 2023. Justice William Pentney says"recent, abundant and unanimous case law" defined a specific and narrow role for the tribunal's appeal divisions, focusing on an employee's conduct, and not justification for and employer’s policies or compliance with the Charter.
These included advancing a Charter claim, lodging a wrongful dismissal suit or labour grievance, or complaining to the British Columbia Human Rights Commission.
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