Fired delivery driver Timothy Conlon, who lost his job when he refused COVID-19 vaccines, won his case at the Social Security Tribunal of Canada..The tribunal reversed the denial of Conlon's EI benefits. .“The Justice Centre will continue to pursue legal challenges to the denial of EI benefits to Canadians based on their personal medical decisions," said JCCF lawyer Marty Moore in a Friday press release. .“The government’s treatment of Mr. Conlon and other vulnerable Canadians on the basis of their personal medical decisions has been a gross abuse of their bodily autonomy and constitutional rights.”.Conlon worked as a delivery driver in the Toronto area, providing personal care items to private homes. He would deliver packages, buzz the doorbell and leave..He had minimal interactions with customers. His employment record was impeccable, with no complaints against him. .Conlon’s employer demanded he take COVID-19 vaccines. Conlon expressed concerns about his high blood pressure and said he was worried about blood clots after the vaccines. .When he told his employer he would not comply, his boss told him not to return to work. .Because of this ordeal, Conlon experienced financial problems. These were compounded when Service Canada declined his EI benefits..He was unable to afford a transit pass and relied on his friends to pay his rent. .The Social Security Tribunal found the Canadian government failed to prove Conlon's failure to be vaccinated constituted misconduct. .The release said Conlon’s experience is not unique. Service Canada and the Canada Employment Insurance Commission insisted unvaccinated employees are engaging in misconduct and should be denied EI..This echoes comments made by Employment, Workforce Development, and Disability Minister Carla Qualtrough, who said employees fired for being unvaccinated should be denied EI. .The JCCF sent a letter to Qualtrough in June, warning denial of EI benefits to unvaxxed people fired from their jobs was illegal. .READ MORE: Justice Centre warns Canadian government for denying EI benefits over vaccine status.“The policy is also in violation of the purpose of the Employment Insurance Act and Canadians’ Charter rights,” said JCCF lawyer Cynthia Murphy. .“The government is twisting the meaning of ‘misconduct’ to deny Canadians unemployment benefits if they choose not to take the Covid shots.” .This case mirrors one in June where Ontario Labour Arbitration ruled a Roman Catholic nurse had the right to a religious exemption from the vaccines, because of the connection between the injections and aborted fetuses. .READ MORE: Ontario nurse wins vaccine exemption case for use of aborted fetal cells.“There can be multiple reasons for objecting to getting vaccinated, but as long as one of the reasons is sincerely and legitimately based upon one’s creed, as subjectively interpreted and applied, an applicant would be entitled to an exception under the Code and the vaccine policy itself,” said Ontario Labour Arbitration arbitrator Robert Herman. .“Once the grievor learned about the fetal cell line connection with the vaccines, even if that connection is factually and objectively quite remote, if the grievor sincerely believes that her faith does not allow her to get vaccinated, that would be sufficient grounds for granting her request for an exemption.”
