CK v Canada Employment Insurance Commission

CK v Canada Employment Insurance Commission

The Appeal Division allowed the appeal because the General Division failed to provide a fair process by proceeding after the claimant did not attend and may not have received adequate notice (the claimant had requested notice by mail); the appropriate remedy is to remit the matter to the General Division for a new...

Source-derived case information.

Citation
2024 SST 1124
Parties
Appellant: C. K.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 September 2024
Procedural Posture
Employment Insurance / Appeal Division
Outcome
Appeal allowed; matter returned to the General Division for a new hearing.
Legal Topics
Voluntary Leave/quit, Reasonable Alternatives to Leaving, Missed Hearing, Reconsideration, Remittal for New Hearing
Source Language
english
Employment Law Administrative Law Social Security/benefits Procedural Fairness Voluntary Leave/quit Reasonable Alternatives to Leaving Missed Hearing Reconsideration +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

C. K.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division

Legal Issues

  1. 1 Whether the claimant voluntarily left employment without just cause
  2. 2 Whether the General Division provided a fair process by proceeding in the claimant's absence
  3. 3 What is the appropriate remedy when procedural fairness is denied

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division failed to provide a fair process by proceeding after the claimant did not attend and may not have received adequate notice (the claimant had requested notice by mail); the appropriate remedy is to remit the matter to the General Division for a new hearing.

Court Disposition

Appeal allowed; matter returned to the General Division for a new hearing.

Orders

  • Appeal allowed.
  • Matter returned to the General Division for a new hearing.