S. S. v. Canada Employment Insurance Commission

S. S. v. Canada Employment Insurance Commission

The claimant posted slanderous comments on social media that undermined the employer/employee trust; the conduct was wilful or sufficiently reckless that the claimant knew or ought to have known it could lead to dismissal, the misconduct caused the dismissal, and therefore s.30(1) disqualification applies.

Source-derived case information.

Citation
2016 SSTGDEI 24
Parties
Appellant/claimant: S. S.; Respondent: Canada Employment Insurance Commission; Employer/added Party: Weimers’s Hometown SJD Sales Inc.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 February 2016
Procedural Posture
Employment Insurance Appeal (misconduct) / Appeal to Social Security Tribunal General Division Decision
Outcome
Appeal dismissed; disqualification imposed under s.30(1) of the Employment Insurance Act
Legal Topics
Misconduct, Disqualification, Social Media Defamation, Burden of Proof
Source Language
english
Employment Insurance Administrative Law Employment Law Misconduct Disqualification Social Media Defamation Burden of Proof

Source-derived case record

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Parties

S. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Weimers’s Hometown SJD Sales Inc.

Employer/added Party

Procedural Posture

Employment Insurance Appeal (misconduct) / Appeal to Social Security Tribunal General Division Decision

Legal Issues

  1. 1 Whether the claimant lost employment by reason of his own misconduct
  2. 2 Whether the claimant knew or ought to have known his conduct would likely result in dismissal
  3. 3 Whether there is a causal link between the conduct and dismissal

Ratio Decidendi

The claimant posted slanderous comments on social media that undermined the employer/employee trust; the conduct was wilful or sufficiently reckless that the claimant knew or ought to have known it could lead to dismissal, the misconduct caused the dismissal, and therefore s.30(1) disqualification applies.

Court Disposition

Appeal dismissed; disqualification imposed under s.30(1) of the Employment Insurance Act

Orders

  • Appeal dismissed.
  • Indefinite disqualification from receiving Employment Insurance benefits under section 30(1) of the Employment Insurance Act.