B.'s General Cleaning, Import v. Canada Employment Insurance Commission

B.'s General Cleaning, Import v. Canada Employment Insurance Commission

On the balance of probabilities the Claimant deliberately and recklessly used his position as bookkeeper/accountant to obtain and disseminate confidential employer and client information, to solicit and organize employees to file labour complaints and to divert business; those acts breached implied duties of trust, loyalty and confidentiality and constituted misconduct under section 30 of the Employment Insurance Act, warranting indefinite disqualification from EI benefits; special circumstances justified proceeding in the Claimant's absence due to exhaustive service attempts.

Citation
2016 SSTGDEI 159
Parties
Appellant (employer): B.'s General Cleaning, Imported Goods & Consulting Ltd.; Added Party (claimant): F. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
30 December 2016
Procedural Posture
Employment Insurance Appeal / General Division Hearing and Decision
Outcome
Appeal allowed; Claimant disqualified from EI benefits under section 30 of the Employment Insurance Act
Legal Topics
Misconduct, Disqualification From EI Benefits, Service of Process, Breach of Confidentiality, Temporary Foreign Worker Issues, Forensic Computer Evidence
Source Language
English
Employment Insurance Employment Law Administrative Law Labour Standards Misconduct Disqualification From EI Benefits Service of Process Breach of Confidentiality +2 more

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Parties

B.'s General Cleaning, Imported Goods & Consulting Ltd.

Appellant (employer)

F. P.

Added Party (claimant)

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Hearing and Decision

Legal Issues

  1. 1 Whether the Claimant's conduct constituted misconduct under section 30 of the Employment Insurance Act
  2. 2 Whether the Tribunal could proceed with the hearing in the absence of the Added Party due to inability to serve notice (special circumstances under Social Security Tribunal Regulations)

Ratio Decidendi

On the balance of probabilities the Claimant deliberately and recklessly used his position as bookkeeper/accountant to obtain and disseminate confidential employer and client information, to solicit and organize employees to file labour complaints and to divert business; those acts breached implied duties of trust, loyalty and confidentiality and constituted misconduct under section 30 of the Employment Insurance Act, warranting indefinite disqualification from EI benefits; special circumstances justified proceeding in the Claimant's absence due to exhaustive service attempts.

Court Disposition

Appeal allowed; Claimant disqualified from EI benefits under section 30 of the Employment Insurance Act

Orders

  • Claimant F. P. is disqualified indefinitely from receipt of EI benefits pursuant to section 30 of the Employment Insurance Act
  • Tribunal proceeded with the hearing in the absence of the Added Party due to special circumstances under paragraph 3(1)(b) of the Social Security Tribunal Regulations