J. C. v. Canada Employment Insurance Commission

J. C. v. Canada Employment Insurance Commission

On the balance of probabilities the Claimant's duties and contractual arrangements did not involve the core responsibilities of teaching (no subject instruction, lesson plans, assessments, reporting to principal, or enrolment tied to the provincial school system); employment by a school board or use of an early...

Source-derived case information.

Citation
2018 SST 1061
Parties
Appellant/claimant: J. C.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 November 2018
Procedural Posture
Employment Insurance Appeal / General Division Decision on Reconsideration Appeal
Outcome
Appeal allowed
Legal Topics
Employment Insurance, Teaching Disentitlement, Non Teaching Period, Reconsideration Jurisdiction
Source Language
english
Employment Law Social Security Administrative Law Employment Insurance Teaching Disentitlement Non Teaching Period Reconsideration Jurisdiction

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Parties

J. C.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision on Reconsideration Appeal

Legal Issues

  1. 1 Was the Claimant employed in teaching?
  2. 2 If so, is the Claimant entitled to receive benefits during the non-teaching period?

Ratio Decidendi

On the balance of probabilities the Claimant's duties and contractual arrangements did not involve the core responsibilities of teaching (no subject instruction, lesson plans, assessments, reporting to principal, or enrolment tied to the provincial school system); employment by a school board or use of an early learning framework was insufficient to classify her as "teaching" under the Regulations, therefore the Commission's disentitlement did not apply and the Claimant is entitled to EI benefits when laid off.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Commission's decision disentitling the Claimant from EI benefits during the non-teaching period set aside.