Alberta Worker Who Refused COVID Shot Wins Case for Another Chance to Appeal for EI Benefits

Amanda Michaud will be permitted to appeal for Employment Insurance benefits that she had originally been denied after an appeal tribunal ruled in May 2023 that she is entitled to a hearing. (Photo Courtesy of Amanda Michaud)

An Alberta woman denied Employment Insurance (EI) benefits for refusing COVID-19 vaccination has won another chance to appeal for EI after having her first level of appeal to the government tribunal turned down.

Amanda Michaud, a biomedical equipment technologist, was placed on unpaid leave of absence during the pandemic due to non-compliance with her employer’s mandatory vaccination policy.

Michaud received a letter from her employer on Dec. 6, 2021, that explicitly stated the leave of absence was not disciplinary.

The letter stated, “This leave is not disciplinary and will not be reported as such to your professional college (if applicable).”

Her lawyer, James Kitchen, told The Epoch Times that when Michaud applied for EI on Dec. 22, 2021, the Canada Employment Insurance Commission decided that her suspension was for “misconduct” and that she wasn’t entitled to EI benefits as a result.

Michaud sought reconsideration of that determination, but the EI Commission maintained its decision, according to court documents provided to The Epoch Times.

Alberta lawyer Jame Kitchen represents Amanda Michaud, who was denied employment insurance benefits in 2021 for refusing COVID shots as required by her employer. Michaud appealed to the Social Security Tribunal of Canada and will now have her case reconsidered. (Photo Courtesy of James Kitchen)

According to the process for EI appeals, Michaud turned to the Social Security Tribunal of Canada, filing an appeal on Aug. 11, 2022.

The first level of appeal, handled by the tribunal’s General Division, resulted in her being informed in October 2022 that the tribunal was considering a summary dismissal of her appeal—meaning the case would be dismissed without a hearing. However, the tribunal asked that she provide written submissions explaining why her appeal had a reasonable chance of success.

She did not submit additional documents, and the tribunal dismissed her appeal summarily on Nov. 9, 2022, stating that her unpaid leave was due to misconduct, which would justify the denial of benefits.

Michaud then filed an appeal of that decision with the tribunal’s Appeal Division, the second level of appeal, and on May 4 she received a written decision in her favour.

Must Hold Hearing

The overview section of the May 4 decision said that the tribunal’s General Division did not hold a hearing to address the misconduct because it determined “the Claimant’s appeal had no reasonable chance of success in that the appeal was bound to fail.”

It said Michaud argued that the General Division made errors of jurisdiction, fact, and law and “failed to observe a principle of natural justice by ignoring the Claimant’s legitimate expectations that she would receive Employment Insurance benefits.”

“The General Division said her case was hopeless and therefore refused to even hear it,” Kitchen told The Epoch Times.

According to the court documents, the EI Commission agreed with Michaud that the General Division made an error in its determination that the appeal had to be summarily dismissed, and asked the Appeal Division to send the case back to the General Division for reconsideration.

The Appeal Division also agreed, stating, “It is clear that the Claimant has more evidence and arguments to present. It would be unfair to deprive the Claimant of the chance to fully present her case.”

According to the legal documents, the standard for dismissing an appeal is high. For example, if the claimant had insufficient insurable hours, that could be a reason for a summary dismissal.

The EI Commission was contacted for comment but did not reply by press time.

‘Other Cases Being Challenged’

Michaud’s file will now be sent back to General Division to be properly considered. However, her request that the Appeal Division award costs against the EI Commission was denied.

“Thousands of Canadians, including many of my clients, have been unlawfully denied their EI benefits after being let go from their jobs for exercising their right to decline the COVID vaccines,” said Kitchen.

“I am honoured to represent Ms. Michaud as she continues to hold the EI Commission legally accountable for withholding EI benefits from unvaccinated Canadians on the absurd basis they lost their jobs due to their own ’misconduct' by refusing an ineffective and experimental medical intervention.”

The constitutional lawyer said that while this is a win, ultimately he thinks Michaud may still have an uphill battle to get her benefits.

“I’m not giving up. There are other cases being challenged in Federal Court that I expect will set a new precedent,” he said.

“In the end Michaud will get her benefits,” predicts Kitchen.