VD v Canada Employment Insurance Commission and X

VD v Canada Employment Insurance Commission and X

The Tribunal found on the balance of probabilities that the employer engaged in a course of rude, degrading and offensive conduct and created antagonism for which the claimant was not primarily responsible; considering those circumstances and the claimant's prior efforts to secure other work, there were no reasonable alternatives to quitting, therefore the claimant had just cause and is not disqualified from EI benefits.

Citation
2021 SST 197
Parties
Appellant (claimant): V. D.; Respondent (commission): Canada Employment Insurance Commission; Added Party (employer): X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 April 2021
Procedural Posture
Employment Insurance / General Division Hearing and Decision (remitted From Appeal Division)
Outcome
Appeal allowed; claimant found to have had just cause for leaving and not disqualified from receiving EI benefits
Legal Topics
Employment Insurance Benefits, Voluntary Leaving, Just Cause, Workplace Harassment, Antagonism With Supervisor, Employment Standards
Source Language
English
Employment Law Administrative Law Social Security Law Employment Insurance Benefits Voluntary Leaving Just Cause Workplace Harassment Antagonism With Supervisor +1 more

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Parties

V. D.

Appellant (claimant)

Canada Employment Insurance Commission

Respondent (commission)

X

Added Party (employer)

Procedural Posture

Employment Insurance / General Division Hearing and Decision (remitted From Appeal Division)

Legal Issues

  1. 1 Whether the claimant voluntarily left employment without just cause
  2. 2 Whether harassment or antagonism with the employer constituted just cause under s.29(c) of the EI Act
  3. 3 Whether working conditions posed a danger to health or safety

Ratio Decidendi

The Tribunal found on the balance of probabilities that the employer engaged in a course of rude, degrading and offensive conduct and created antagonism for which the claimant was not primarily responsible; considering those circumstances and the claimant's prior efforts to secure other work, there were no reasonable alternatives to quitting, therefore the claimant had just cause and is not disqualified from EI benefits.

Court Disposition

Appeal allowed; claimant found to have had just cause for leaving and not disqualified from receiving EI benefits

Orders

  • Commission decision varied to find that the claimant voluntarily left with just cause and is eligible for employment insurance benefits