Federal employee placed on unpaid leave for not disclosing COVID-19 vaccine status wins appeal for EI benefits

The Social Security Tribunal of Canada (General Division) has granted an appeal by Andre Givogue, a federal government employee who works remotely for Fisheries and Oceans Canada. He sought Employment Insurance (EI) benefits after being suspended from his job without pay for alleged non-compliance with his employer’s vaccination policy. The decision, issued by Tribunal Member Marisa Victor, allows Givogue to receive EI benefits despite earlier rejections by the Canada Employment Insurance Commission.

Givogue’s suspension was initially categorized as misconduct, which would have disqualified him from receiving EI benefits. His employer suspended him for not complying with its COVID-19 vaccination policy, which required employees to attest to their vaccination status or obtain an exemption. Givogue had applied for an exemption, but it was denied just three days before his suspension.

The government’s COVID-19 vaccine policy states that “employees unwilling to be fully vaccinated” includes those refusing to disclose their vaccination status, regardless of whether they are fully vaccinated or not. Givogue expressed concern about the government’s requirement to attest to his vaccination status, stating that he did not feel obligated to provide his private medical information, as he believed he was protected by privacy rights.

The tribunal found that, while Givogue did not disclose his vaccination status, the policy permits a non-vaccinated person to be considered compliant if they have an approved exemption. There was communication from Givogue’s manager suggesting that additional information about accommodations might be forthcoming.

The ruling noted that before Givogue's exemption request was denied, he could not have reasonably anticipated that he could be suspended for his actions. Furthermore, there were indications that the possibility of his exemption request was still open.

Tribunal Member Victor’s ruling concluded that Givogue had not willfully violated the vaccination policy and could not be classified as suspended for misconduct. As a result, he was deemed eligible for EI benefits.

The Canadian Independent spoke with Andre over the phone about his appeal ruling. After just five minutes of conversation, you might think he was a lawyer, but he is not. He is a husband and father with just a high school diploma, and in his spare time, he has chosen to immerse himself in Canadian law, determined to hold accountable anyone he feels has violated his rights and freedoms.

Givogue mentioned that, despite this ordeal with his employer, he returned to work at Fisheries and Oceans Canada after they lifted the COVID-19 vaccine mandate. When asked about the outcome of his ruling, he said, "I fought because I knew I was right from the start. There was no misconduct on my part, and this decision proves it. Now I feel fully vindicated!”

Givogue also mentioned that he has a couple of lawsuits in progress, including a unique case currently before the Federal Court of Appeals. More updates to come on that.