X v Canada Employment Insurance Commission and MG

X v Canada Employment Insurance Commission and MG

The Tribunal found the Claimant voluntarily left but failed to prove just cause because the asserted safety defects were cosmetic and regularly repaired (supported by mechanic invoices and letters), allegations of belittling and encouragement to speed lacked specificity and corroboration, accommodation for the claimant's father was shown or not credibly denied, and reasonable alternatives (raise issues with employer, request leave, seek other work) existed; therefore the Claimant was disqualified from EI benefits and the Employer's appeal is allowed.

Citation
2020 SST 1064
Parties
Appellant (employer): X; Respondent (commission): Canada Employment Insurance Commission; Added Party (claimant): M. G.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 June 2020
Procedural Posture
Employment Insurance (ei) Appeal / General Division Hearing (de Novo Remitted by Appeal Division)
Outcome
Appeal allowed; Commission decision granting EI benefits set aside; Claimant disqualified from EI benefits
Legal Topics
Just Cause for Voluntary Leaving, EI Disqualification, Workplace Safety, Harassment/bullying, Failure to Accommodate, Ministry of Labour Complaint
Source Language
English
Employment Law Social Security/benefits Administrative Law Just Cause for Voluntary Leaving EI Disqualification Workplace Safety Harassment/bullying Failure to Accommodate +1 more

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Parties

X

Appellant (employer)

Canada Employment Insurance Commission

Respondent (commission)

M. G.

Added Party (claimant)

Procedural Posture

Employment Insurance (ei) Appeal / General Division Hearing (de Novo Remitted by Appeal Division)

Legal Issues

  1. 1 Did the claimant voluntarily leave employment?
  2. 2 If voluntary leaving, did the claimant have just cause under s 29(c) of the Employment Insurance Act?
  3. 3 Were employer practices contrary to law or a danger to health or safety (s 29(c)(iv), s 29(c)(xi))?

Ratio Decidendi

The Tribunal found the Claimant voluntarily left but failed to prove just cause because the asserted safety defects were cosmetic and regularly repaired (supported by mechanic invoices and letters), allegations of belittling and encouragement to speed lacked specificity and corroboration, accommodation for the claimant's father was shown or not credibly denied, and reasonable alternatives (raise issues with employer, request leave, seek other work) existed; therefore the Claimant was disqualified from EI benefits and the Employer's appeal is allowed.

Court Disposition

Appeal allowed; Commission decision granting EI benefits set aside; Claimant disqualified from EI benefits

Orders

  • Appeal allowed.
  • The Canada Employment Insurance Commission decision finding the Claimant had just cause and was entitled to EI benefits is set aside.