MC v Canada Employment Insurance Commission

MC v Canada Employment Insurance Commission

The Tribunal found on the evidence that the claimant was confused when she selected the extended option, that her intention from the time she first spoke to her employer and when she completed the application was to receive standard parental benefits, and that her selection of 18 weeks is consistent with standard benefits; therefore the Commission incorrectly denied her request to change the election.

Citation
2021 SST 343
Parties
Claimant: M. C.; Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 March 2021
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal allowed
Legal Topics
Parental Benefits Election, Maternity and Parental Benefits, Election Irrevocability, CERB to EI Conversion, Sickness Benefits
Source Language
English
Employment Law Social Security Administrative Law Parental Benefits Election Maternity and Parental Benefits Election Irrevocability CERB to EI Conversion Sickness Benefits

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Parties

M. C.

Claimant

Canada Employment Insurance Commission

Commission

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Did the Commission correctly deny the Claimant’s request to change her election from extended to standard parental benefits?

Ratio Decidendi

The Tribunal found on the evidence that the claimant was confused when she selected the extended option, that her intention from the time she first spoke to her employer and when she completed the application was to receive standard parental benefits, and that her selection of 18 weeks is consistent with standard benefits; therefore the Commission incorrectly denied her request to change the election.

Court Disposition

Appeal allowed

Orders

  • The Commission’s decision denying the Claimant’s request to change her election from extended to standard parental benefits is set aside.
  • The Commission shall recognize the Claimant’s election as for standard parental benefits and take any necessary administrative steps to effect that change.