D. O. v. Canada Employment Insurance Commission

D. O. v. Canada Employment Insurance Commission

Because the Applicant was not notified of the General Division in-person hearing nor of the decision granting the employer an extension of time, his fundamental right to be heard and procedural fairness were compromised; this deficiency gives the appeal a reasonable chance of success and warrants granting leave to appeal.

Citation
2015 SSTAD 1220
Parties
Applicant/claimant: D. O.; Respondent/commission: Canada Employment Insurance Commission; Former Employer/appellant at General Division: Employer (unnamed)
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 October 2015
Procedural Posture
Employment Insurance Appeal / Application for Leave to Appeal to Appeal Division (granted)
Outcome
Leave to appeal granted
Legal Topics
Employment Insurance, Misconduct, Natural Justice, Procedural Fairness, Extension of Time
Source Language
English
Employment Law Administrative Law Social Security Law Employment Insurance Misconduct Natural Justice Procedural Fairness Extension of Time

Case Brief

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Parties

D. O.

Applicant/claimant

Canada Employment Insurance Commission

Respondent/commission

Employer (unnamed)

Former Employer/appellant at General Division

Procedural Posture

Employment Insurance Appeal / Application for Leave to Appeal to Appeal Division (granted)

Legal Issues

  1. 1 Whether the Applicant was denied the right to be heard and procedural fairness when he was not notified of the General Division hearing
  2. 2 Whether the General Division failed to ensure notice and thus may have breached natural justice
  3. 3 Whether the appeal has a reasonable chance of success such that leave should be granted

Ratio Decidendi

Because the Applicant was not notified of the General Division in-person hearing nor of the decision granting the employer an extension of time, his fundamental right to be heard and procedural fairness were compromised; this deficiency gives the appeal a reasonable chance of success and warrants granting leave to appeal.

Court Disposition

Leave to appeal granted

Orders

  • Application for leave to appeal is granted
  • Parties are invited to make submissions on whether a hearing is appropriate and, if so, on the form of the hearing and on the merits of the appeal