CW v Canada Employment Insurance Commission

CW v Canada Employment Insurance Commission

On the balance of probabilities the appellant's cumulative record of safety breaches, including deliberate failures (e.g. not wearing required corrective lenses while operating a Class 2 vehicle) and conduct while under a last chance agreement, constituted wilful or near-wilful misconduct and therefore disqualified him from EI benefits under s.30 of the EI Act.

Citation
2024 SST 1090
Parties
Appellant: C. W.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 June 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disqualification From Benefits, Safety Violations, Last Chance Agreement
Source Language
English
Employment Insurance Administrative Law Labour and Employment Misconduct Disqualification From Benefits Safety Violations Last Chance Agreement

Case Brief

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Parties

C. W.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Did the appellant lose his job because of misconduct?
  2. 2 Whether repeated reckless acts and failure to follow safety requirements constitute wilful misconduct under the EI Act

Ratio Decidendi

On the balance of probabilities the appellant's cumulative record of safety breaches, including deliberate failures (e.g. not wearing required corrective lenses while operating a Class 2 vehicle) and conduct while under a last chance agreement, constituted wilful or near-wilful misconduct and therefore disqualified him from EI benefits under s.30 of the EI Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disqualified from receiving Employment Insurance benefits