The health worker from Ontario was fired in November 2021 for refusing to provide proof of COVID ‘vaccination’.
As a result of the termination of her employment, she was denied her statutory right to Employment Insurance by Employment and Social Development Canada (ESDC), the government department responsible for administering the insurance scheme. ESDC claimed that in failing to provide proof of ‘vaccination’ she was guilty of ‘misconduct’, and therefore ineligible for the insurance.
The worker took ESDC to court, filing a claim with the Social Security Tribunal of Canada.
The Tribunal found the employer’s COVID-19 policy was unilaterally imposed upon the employees without any consideration of the Collective Agreement and without consultation with the bargaining agent. The Collective Agreement expressly guaranteed the right of any worker to refuse any required or recommended vaccination.
Huge legal win last week. Annette Lance was fired d/t vaccine mandate. Employer argued it was misconduct ,so she didn't qualify fort EI. Canada Employment Insurance Commission agreed without doing due diligence.
Judge ruled they did not prove misconduct and qualifies for EI. pic.twitter.com/Fcu5AyBEmi
— Unacceptable Stefan (@Stefan_SCan) December 20, 2022
According to a report in Countersignal, last year, ESDC pushed to punish unvaccinated individuals by denying them the ability to receive employment insurance. The ESDC issued a notice to employers with vaccine mandates, which instructed them to indicate that fired unvaccinated employees quit, were dismissed, or took a leave of absence, which would increase the likelihood they’d be ineligible to receive Employment Insurance.