Employment Minister Carla Qualtrough says that it is highly unlikely that people fired for refusing to comply with vaccine mandates will qualify for Employment Insurance (EI).
“It’s a condition of employment that hasn’t been met,” Qualtrough said in an interview with the CBC. “And the employer choosing to terminate someone for that reason would make that person ineligible for EI.
“I can tell you that’s the advice I’m getting, and that’s the advice I’ll move forward with.”
She further states that only those affected who have a medical exemption or other “valid reason” will likely qualify for EI.
However, Qualtrough says that this is not an official public policy decision and that it will not be officiated until after PM Justin Trudeau brings his new cabinet in on October 26.
Moreover, some lawyers say that this ruling is unfair.
According to lawyer Paul Champ, while employers should be able to bring in vaccine policies, these policies should not hold with them the potential for job termination.
Moreover, he says that the Employment Minister “shouldn’t comment on how she feels the EI Act should be interpreted by EI Umpires etc.”
Wow. I support employers bringing in vaccine policies, but I also believe that it is not just cause to dismiss employees who decline to comply. More seriously, the Minister shouldn't comment on how she feels the EI Act should be interpreted by EI Umpires etc. Its interference. https://t.co/CXdGwS4Wuv
— Paul Champ (@PaulChampLaw) October 21, 2021
“It’s interference,” Champ claims.
Employment lawyer Chris Justice said that the government will need to prove “just cause” for the termination of employees to disqualify them from employment insurance claims. Thus, the question will be whether violating a vaccine mandate is just cause for termination or whether someone’s bodily autonomy is paramount.
“The question would be whether or not somebody’s refusal to be vaccinated or adhere to a company’s vaccination policy would amount to just cause,” said Justice, an associate at Samfiru Tumarkin LLP.
“Unless there is government legislation in place — whether provincial or federal — that specifically requires an employer to have its employees vaccinated, then somebody’s refusal to be vaccinated may not amount to a just cause dismissal and therefore they would be entitled to severance and EI benefits.”
