J. V. v. Canada Employment Insurance Commission

J. V. v. Canada Employment Insurance Commission

The Member found on the balance of probabilities that the claimant deliberately placed calls on "not ready" and consciously did not answer customer calls despite prior warnings, thereby breaching fundamental duties and committing misconduct under s.30 of the EI Act; the settlement and amended ROE did not override...

Source-derived case information.

Citation
2016 SSTGDEI 142
Parties
Claimant: J. V.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 November 2016
Procedural Posture
Employment Insurance Appeal / General Division Hearing on the Merits Following Appeal Division Extension of Time
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disqualification, Record of Employment (roe), Reconsideration, Benefits Eligibility
Source Language
english
Employment Insurance Administrative Law Labour Law Misconduct Disqualification Record of Employment (roe) Reconsideration Benefits Eligibility

Source-derived case record

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Parties

J. V.

Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Hearing on the Merits Following Appeal Division Extension of Time

Legal Issues

  1. 1 Whether the claimant lost employment by reason of his own misconduct
  2. 2 Whether the amended ROE and settlement converted the separation into a layoff for EI purposes
  3. 3 Whether the Commission properly treated the October 26, 2015 application as a new claim or as continuing the April 2015 claim

Ratio Decidendi

The Member found on the balance of probabilities that the claimant deliberately placed calls on "not ready" and consciously did not answer customer calls despite prior warnings, thereby breaching fundamental duties and committing misconduct under s.30 of the EI Act; the settlement and amended ROE did not override the evidence of misconduct, so an indefinite disqualification applies effective April 5, 2015.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Indefinite disqualification from EI benefits imposed effective April 5, 2015