AS v Canada Employment Insurance Commission

AS v Canada Employment Insurance Commission

Based on undisputed facts that the Appellant yelled, swore and left the workplace when directed to do so, the Tribunal found the conduct was wilful or sufficiently reckless and causally connected to dismissal; therefore the Commission proved loss of employment due to misconduct and disqualification from EI benefits...

Source-derived case information.

Citation
2024 SST 1667
Parties
Appellant: A. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 December 2024
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disqualification From Benefits, Dismissal, Credibility of Evidence
Source Language
english
Employment Insurance Social Security Administrative Law Misconduct Disqualification From Benefits Dismissal Credibility of Evidence

Source-derived case record

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Parties

A. S.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Did the Appellant lose his job because of misconduct?
  2. 2 Was the Appellant's conduct wilful or so reckless as to amount to misconduct?
  3. 3 Is there a causal relationship between the conduct and the dismissal?

Ratio Decidendi

Based on undisputed facts that the Appellant yelled, swore and left the workplace when directed to do so, the Tribunal found the conduct was wilful or sufficiently reckless and causally connected to dismissal; therefore the Commission proved loss of employment due to misconduct and disqualification from EI benefits follows.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Commission decision finding Appellant disqualified from EI benefits upheld