PH v Canada Employment Insurance Commission and X

PH v Canada Employment Insurance Commission and X

The Appeal Division allowed the appeal because the General Division erred by limiting its misconduct analysis to failure to report without determining whether the Claimant knew or should have known there was a real possibility of disciplinary consequences and by failing to address employer allegations of a subsequent cover-up; further, fairness required ordering exclusion of witnesses and the poor audio quality on key testimony mandates a rehearing at the General Division with directions to exclude witnesses.

Citation
2021 SST 39
Parties
Appellant / Claimant: P. H.; Respondent / Commission: Canada Employment Insurance Commission; Added Party / Employer: X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 February 2021
Procedural Posture
Employment Insurance Appeal / Appeal Division Decision Remitting Matter to General Division for Rehearing
Outcome
Appeal allowed; matter returned to General Division for rehearing with directions to order exclusion of witnesses
Legal Topics
Misconduct, Fair Hearing, Witness Exclusion, Natural Justice, Rehearing, Disentitlement to EI Benefits
Source Language
English
Employment Law Administrative Law Social Security Tribunal Procedure Evidence Misconduct Fair Hearing Witness Exclusion +3 more

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Parties

P. H.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

X

Added Party / Employer

Procedural Posture

Employment Insurance Appeal / Appeal Division Decision Remitting Matter to General Division for Rehearing

Legal Issues

  1. 1 Whether the General Division properly applied the legal test for misconduct under the Employment Insurance regime
  2. 2 Whether the Claimant received a fair hearing given alleged witness collaboration and lack of witness exclusion
  3. 3 Whether the evidence supported disentitlement to EI benefits for the period March 2 to March 6, 2020

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division erred by limiting its misconduct analysis to failure to report without determining whether the Claimant knew or should have known there was a real possibility of disciplinary consequences and by failing to address employer allegations of a subsequent cover-up; further, fairness required ordering exclusion of witnesses and the poor audio quality on key testimony mandates a rehearing at the General Division with directions to exclude witnesses.

Court Disposition

Appeal allowed; matter returned to General Division for rehearing with directions to order exclusion of witnesses

Orders

  • Appeal allowed
  • Matter returned to the General Division for a rehearing