PB v Canada Employment Insurance Commission

PB v Canada Employment Insurance Commission

The tribunal accepted the claimant's credible evidence that workplace conditions posed a danger to her mental health, found she had attempted to resolve the situation and lacked reasonable alternatives (no family doctor, walk-in clinic not reasonable, meeting attempts failed, inability to continue until re-employed), and therefore concluded she had just cause for quitting and is not disqualified from EI benefits.

Citation
2022 SST 255
Parties
Appellant/claimant: P. B.; Respondent/commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 March 2022
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal allowed; claimant found to have just cause and not disqualified from Employment Insurance benefits
Legal Topics
Voluntary Leaving, Just Cause, Mental Health, Workplace Conditions, Disqualification From Benefits
Source Language
English
Employment Insurance Social Security Employment Law Voluntary Leaving Just Cause Mental Health Workplace Conditions Disqualification From Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

P. B.

Appellant/claimant

Canada Employment Insurance Commission

Respondent/commission

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant is disqualified from EI for voluntarily leaving without just cause
  2. 2 Whether the workplace conditions constituted a danger to the claimant's mental health such that she had no reasonable alternative to quitting

Ratio Decidendi

The tribunal accepted the claimant's credible evidence that workplace conditions posed a danger to her mental health, found she had attempted to resolve the situation and lacked reasonable alternatives (no family doctor, walk-in clinic not reasonable, meeting attempts failed, inability to continue until re-employed), and therefore concluded she had just cause for quitting and is not disqualified from EI benefits.

Court Disposition

Appeal allowed; claimant found to have just cause and not disqualified from Employment Insurance benefits

Orders

  • Decision of the Canada Employment Insurance Commission (reconsideration decision 438483 dated November 12, 2021) set aside; claimant entitled to EI benefits as not disqualified for voluntary leaving