G. R. v. Canada Employment Insurance Commission

G. R. v. Canada Employment Insurance Commission

Because the CRA ruled the claimant's employment was not insurable and there was no other insurable employment in the qualifying period, the claimant had zero insurable hours and therefore did not meet the statutory thresholds under section 7 or subsection 93(1); the Commission's decision denying maternity benefits is upheld and the appeal is dismissed.

Citation
2016 SSTGDEI 46
Parties
Claimant: G. R.; Respondent: Canada Employment Insurance Commission; Employer: R. Services Incorporated
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 March 2016
Procedural Posture
Employment Insurance (maternity and Parental Benefits) Appeal / General Division Decision Following Teleconference Hearing
Outcome
Appeal dismissed
Legal Topics
Insurability of Employment, Maternity Benefits, Qualifying Period, CRA Insurability Rulings, New Entrant/re‑entrant Thresholds
Source Language
English
Employment Insurance Social Security Administrative Law Employment Law Insurability of Employment Maternity Benefits Qualifying Period CRA Insurability Rulings +1 more

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Parties

G. R.

Claimant

Canada Employment Insurance Commission

Respondent

R. Services Incorporated

Employer

Procedural Posture

Employment Insurance (maternity and Parental Benefits) Appeal / General Division Decision Following Teleconference Hearing

Legal Issues

  1. 1 Whether the claimant had sufficient insurable hours to qualify for maternity benefits under section 7 of the Employment Insurance Act and section 93 of the Employment Insurance Regulations
  2. 2 Whether the CRA insurability ruling that the claimant's employment was not insurable precludes entitlement to EI maternity benefits
  3. 3 Whether the claimant is a new entrant requiring 910 hours versus qualifying for special benefits requiring 600 hours

Ratio Decidendi

Because the CRA ruled the claimant's employment was not insurable and there was no other insurable employment in the qualifying period, the claimant had zero insurable hours and therefore did not meet the statutory thresholds under section 7 or subsection 93(1); the Commission's decision denying maternity benefits is upheld and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Canada Employment Insurance Commission denying maternity and parental benefits is maintained