H. B. v. Canada Employment Insurance Commission

H. B. v. Canada Employment Insurance Commission

The Tribunal found the Commission properly allocated the claimant's earnings (with amendment reducing the January 13, 2013 allocation to $275.00), properly allocated vacation pay, correctly imposed a disentitlement for weeks June 9–29, 2013 due to RQAP benefits, and proved the claimant knowingly made false or misleading statements such that the imposition of a penalty and a notice of serious violation were judicially exercised; the penalty amount remains $854.00; appeal dismissed with amendments.

Citation
2016 SSTGDEI 88
Parties
Appellant/claimant: H. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 June 2016
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed with amendments
Legal Topics
Allocation of Earnings, Parental Leave Disentitlement (rqap), Penalty for Misrepresentation, Notice of Violation, Proceedings in Absence, Allocation of Vacation Pay
Source Language
English
Employment Insurance Social Security Administrative Law Allocation of Earnings Parental Leave Disentitlement (rqap) Penalty for Misrepresentation Notice of Violation Proceedings in Absence +1 more

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Parties

H. B.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether earnings from Groupe Qualitas inc. were correctly allocated under ss.35 and 36 of the EI Regulations
  2. 2 Whether claimant was disentitled to EI benefits due to concurrent RQAP parental benefits under s.76.09 of the Regulations
  3. 3 Whether a penalty under s.38 of the EI Act for knowingly making false or misleading representations was justified

Ratio Decidendi

The Tribunal found the Commission properly allocated the claimant's earnings (with amendment reducing the January 13, 2013 allocation to $275.00), properly allocated vacation pay, correctly imposed a disentitlement for weeks June 9–29, 2013 due to RQAP benefits, and proved the claimant knowingly made false or misleading statements such that the imposition of a penalty and a notice of serious violation were judicially exercised; the penalty amount remains $854.00; appeal dismissed with amendments.

Court Disposition

Appeal dismissed with amendments

Orders

  • Appeal dismissed with amendments
  • Allocation amended: week of January 13, 2013 income adjusted to $275.00