S. S. v. Canada Employment Insurance Commission

S. S. v. Canada Employment Insurance Commission

The Tribunal concluded the appellant's off-duty vulgar comments breached the employer's Business Code of Conduct, undermined the employer's trust and reputation, and were causally linked to his suspension; the arbitration bottom-line settlement and lack of written reasons did not negate the underlying misconduct; therefore disentitlement under section 31 of the Employment Insurance Act was properly imposed and the appeal was dismissed.

Citation
2016 SSTGDEI 105
Parties
Appellant/claimant: S. S.; Respondent: Canada Employment Insurance Commission; Employer: Hydro One Networks
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 August 2016
Procedural Posture
Employment Insurance Appeal / Social Security Tribunal General Division Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disentitlement, Employer Code of Conduct, Arbitration, Social Media
Source Language
English
Employment Insurance Administrative Law Labour and Employment Misconduct Disentitlement Employer Code of Conduct Arbitration Social Media

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

S. S.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Hydro One Networks

Employer

Procedural Posture

Employment Insurance Appeal / Social Security Tribunal General Division Appeal Decision

Legal Issues

  1. 1 Whether claimant's off-duty comments constituted misconduct under s.31 of the Employment Insurance Act
  2. 2 Whether the arbitration bottom-line decision precluded the Commission's finding of misconduct
  3. 3 Whether the employer's code of conduct applies to off-duty conduct and social media

Ratio Decidendi

The Tribunal concluded the appellant's off-duty vulgar comments breached the employer's Business Code of Conduct, undermined the employer's trust and reputation, and were causally linked to his suspension; the arbitration bottom-line settlement and lack of written reasons did not negate the underlying misconduct; therefore disentitlement under section 31 of the Employment Insurance Act was properly imposed and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Disentitlement imposed under section 31 of the Employment Insurance Act
  • No entitlement to EI benefits for the period of suspension resulting from the appellant's misconduct