CE v Canada Employment Insurance Commission and X

CE v Canada Employment Insurance Commission and X

The Appeal Division found the General Division made legal and factual errors and, on the record, concluded the claimant had just cause under s.29(c)(viii) (excessive unpaid overtime/refusal to pay) coupled with humiliating conduct such that she had no reasonable alternative to leaving; therefore the claimant is not disqualified from EI benefits and the Appeal Division substituted the decision the General Division should have given.

Citation
2021 SST 388
Parties
Appellant / Claimant: C. E.; Respondent / Commission: Canada Employment Insurance Commission; Added Party / Employer: X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 August 2021
Procedural Posture
Employment Insurance Appeal (disqualification for Quitting) / Appeal Division Decision (substituted Decision for General Division)
Outcome
Appeal allowed; General Division decision set aside and replaced with decision that the claimant had just cause for leaving and is not disqualified from Employment Insurance benefits.
Legal Topics
Employment Insurance, Just Cause for Leaving Employment, Harassment, Workplace Discrimination, Overtime and Unpaid Work, Duty to Accommodate, Judicial Review of Administrative Decisions
Source Language
English
Employment Law Administrative Law Human Rights Law Employment Insurance Just Cause for Leaving Employment Harassment Workplace Discrimination Overtime and Unpaid Work +2 more

Case Brief

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Parties

C. E.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

X

Added Party / Employer

Procedural Posture

Employment Insurance Appeal (disqualification for Quitting) / Appeal Division Decision (substituted Decision for General Division)

Legal Issues

  1. 1 Whether the General Division failed to consider evidence explaining withdrawal of resignation
  2. 2 Whether the General Division failed to consider scents/accommodation as a disability/discrimination issue
  3. 3 Whether the General Division made a factual error about attempts to see a doctor

Ratio Decidendi

The Appeal Division found the General Division made legal and factual errors and, on the record, concluded the claimant had just cause under s.29(c)(viii) (excessive unpaid overtime/refusal to pay) coupled with humiliating conduct such that she had no reasonable alternative to leaving; therefore the claimant is not disqualified from EI benefits and the Appeal Division substituted the decision the General Division should have given.

Court Disposition

Appeal allowed; General Division decision set aside and replaced with decision that the claimant had just cause for leaving and is not disqualified from Employment Insurance benefits.

Orders

  • Appeal allowed
  • General Division decision set aside and replaced with the decision that the claimant had just cause for leaving employment