AR v Canada Employment Insurance Commission

AR v Canada Employment Insurance Commission

The Appeal Division allowed the appeal because the General Division made important errors of fact: it reached an adverse credibility finding unsupported by the evidence, accepted employer/Commission assertions despite contradictions in suspension reports, and relied on the employer's unproven assertion of a policy without adducing the policy's substance; as a result the Commission failed to prove the elements of misconduct and the claimant is not disqualified.

Citation
2024 SST 470
Parties
Appellant/claimant: A. R.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 May 2024
Procedural Posture
Employment Insurance / Appeal Division Decision
Outcome
Appeal allowed; General Division decision set aside and substituted.
Legal Topics
Misconduct Disqualification, Error of Fact, Procedural Fairness, Credibility Findings, Employer Policy Evidence, Hearsay Evidence
Source Language
English
Employment Insurance Administrative Law Social Security Tribunal Misconduct Disqualification Error of Fact Procedural Fairness Credibility Findings Employer Policy Evidence +1 more

Case Brief

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Parties

A. R.

Appellant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Appeal Division Decision

Legal Issues

  1. 1 Did the General Division make an important error of fact by making an unsupported adverse credibility finding?
  2. 2 Did the General Division prefer the Commission's (employer) evidence without regard to contradictions in the file?
  3. 3 Did the General Division base its finding that the claimant violated employer policy on the employer's opinion without proving the policy's substance?

Ratio Decidendi

The Appeal Division allowed the appeal because the General Division made important errors of fact: it reached an adverse credibility finding unsupported by the evidence, accepted employer/Commission assertions despite contradictions in suspension reports, and relied on the employer's unproven assertion of a policy without adducing the policy's substance; as a result the Commission failed to prove the elements of misconduct and the claimant is not disqualified.

Court Disposition

Appeal allowed; General Division decision set aside and substituted.

Orders

  • Appeal allowed; General Division decision set aside and substituted: Claimant is not disqualified from receiving Employment Insurance benefits.