MF v Canada Employment Insurance Commission

MF v Canada Employment Insurance Commission

On the balance of probabilities the claimant failed to call or attend work on August 14, 15 and September 11, 2019 after two prior suspensions for the same conduct; that wilful failure to report absences constitutes misconduct under s.30 of the Employment Insurance Act and disqualifies him from EI benefits.

Source-derived case information.

Citation
2020 SST 205
Parties
Claimant/appellant: M. F.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed; Claimant disqualified from EI benefits
Legal Topics
Misconduct, Eligibility for EI Benefits, No Call No Show, Termination for Cause
Source Language
english
Employment Insurance Labour Law Administrative Law Misconduct Eligibility for EI Benefits No Call No Show Termination for Cause

Source-derived case record

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Parties

M. F.

Claimant/appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant lost his job because of misconduct
  2. 2 Whether the claimant committed the act for which he was fired
  3. 3 Whether failure to notify employer constitutes misconduct under s.30 of the EI Act

Ratio Decidendi

On the balance of probabilities the claimant failed to call or attend work on August 14, 15 and September 11, 2019 after two prior suspensions for the same conduct; that wilful failure to report absences constitutes misconduct under s.30 of the Employment Insurance Act and disqualifies him from EI benefits.

Court Disposition

Appeal dismissed; Claimant disqualified from EI benefits

Orders

  • Appeal dismissed
  • Claimant disqualified from being paid employment insurance benefits