P. C. v. Canada Employment Insurance Commission

P. C. v. Canada Employment Insurance Commission

The claimant took employer property (one or more rolls of toilet paper) and failed to notify management; that careless and negligent act amounted to wilful misconduct because he wilfully disregarded the effects on his job performance given existing tensions and scrutiny; that conduct was the operative cause of his...

Source-derived case information.

Citation
2014 SSTGDEI 82
Parties
Claimant: P. C.; Respondent: Canada Employment Insurance Commission; Employer: Employer
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 August 2014
Procedural Posture
Employment Insurance Appeal / Appeal to General Division Decision
Outcome
Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits due to misconduct.
Legal Topics
Misconduct, Employment Insurance Disqualification, Causation, Trust in Employment Relationship
Source Language
english
Employment Law Administrative Law Social Security/benefits Misconduct Employment Insurance Disqualification Causation Trust in Employment Relationship

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

P. C.

Claimant

Canada Employment Insurance Commission

Respondent

Employer

Employer

Procedural Posture

Employment Insurance Appeal / Appeal to General Division Decision

Legal Issues

  1. 1 Whether the claimant lost employment because of his own misconduct within ss.29 and 30 of the Employment Insurance Act
  2. 2 Whether taking employer property (toilet paper) without notifying management constituted wilful misconduct
  3. 3 Whether the misconduct was the operative cause of dismissal

Ratio Decidendi

The claimant took employer property (one or more rolls of toilet paper) and failed to notify management; that careless and negligent act amounted to wilful misconduct because he wilfully disregarded the effects on his job performance given existing tensions and scrutiny; that conduct was the operative cause of his dismissal and therefore he is disqualified from receiving EI benefits under s.30 of the Act.

Court Disposition

Appeal dismissed; claimant disqualified from receiving Employment Insurance benefits due to misconduct.

Orders

  • Appeal dismissed
  • Claimant disqualified from receiving Employment Insurance benefits under s.30 of the Employment Insurance Act