AN v Canada Employment Insurance Commission

AN v Canada Employment Insurance Commission

The appellant was not available for work, did not make reasonable and customary efforts to obtain employment and set personal conditions that unduly limited her chances of returning to the labour market, entitling the Commission to deny benefits for the period; however the Commission exercised its discretion judicially regarding the penalty and the non‑monetary penalty was overturned.

Citation
2022 SST 506
Parties
Appellant: A. N.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 April 2022
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed on availability and allowed on the issue regarding penalty
Legal Topics
Availability for Work, Overpayment, Non Monetary Penalty, Reconsideration, Jurisdiction
Source Language
English
Employment Insurance Administrative Law Social Security Availability for Work Overpayment Non Monetary Penalty Reconsideration Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

A. N.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Was the Appellant available for work?
  2. 2 Was she making reasonable and customary efforts to obtain work?
  3. 3 Did she set personal conditions that might unduly limit her chances of returning to the labour market?

Ratio Decidendi

The appellant was not available for work, did not make reasonable and customary efforts to obtain employment and set personal conditions that unduly limited her chances of returning to the labour market, entitling the Commission to deny benefits for the period; however the Commission exercised its discretion judicially regarding the penalty and the non‑monetary penalty was overturned.

Court Disposition

Appeal dismissed on availability and allowed on the issue regarding penalty

Orders

  • Appeal dismissed on availability for work for the period in question
  • Notice of violation / non-monetary penalty overturned by the Commission is upheld (no penalty imposed)