LF v Canada Employment Insurance Commission

LF v Canada Employment Insurance Commission

The tribunal found the manager initiated the separation by demanding the claimant submit her resignation during the October 22, 2020 meeting, removing the claimant's choice to remain; therefore the claimant did not voluntarily leave and the Commission did not meet its burden of proof, so the appeal is allowed.

Citation
2021 SST 334
Parties
Appellant / Claimant: L. F.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 March 2021
Procedural Posture
Employment Insurance / Decision (general Division)
Outcome
Appeal allowed
Legal Topics
Voluntary Leaving, Just Cause for Resignation, Resignation Under Duress, Burden of Proof, Party Joinder
Source Language
English
Employment Law Social Security Administrative Law Voluntary Leaving Just Cause for Resignation Resignation Under Duress Burden of Proof Party Joinder

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Parties

L. F.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance / Decision (general Division)

Legal Issues

  1. 1 Did the claimant voluntarily leave her employment?
  2. 2 If voluntary, did the claimant have just cause to leave?
  3. 3 Should the employer be added as a party to the appeal?

Ratio Decidendi

The tribunal found the manager initiated the separation by demanding the claimant submit her resignation during the October 22, 2020 meeting, removing the claimant's choice to remain; therefore the claimant did not voluntarily leave and the Commission did not meet its burden of proof, so the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Commission's decision overturned; claimant found not to have voluntarily left employment and therefore not disqualified from EI benefits.