Canada Employment Insurance Commission v. W. E.

Canada Employment Insurance Commission v. W. E.

The Respondent committed misconduct because he failed a roadside breathalyzer and was issued a driving prohibition, which rendered him legally unable to perform duties requiring driving; the General Division erred by focusing on an earlier suspension and employer leniency rather than the June 19, 2015 suspension...

Source-derived case information.

Citation
2017 SSTADEI 257
Parties
Appellant: Canada Employment Insurance Commission; Respondent: W. E.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 July 2017
Procedural Posture
Employment Insurance / Appeal Division Decision
Outcome
Appeal allowed; General Division decision rescinded; Commission determination restored
Legal Topics
Misconduct, Appeal, Grounds of Appeal, Driver's Licence Suspension
Source Language
english
Employment Law Administrative Law Social Security Law Misconduct Appeal Grounds of Appeal Driver's Licence Suspension

Source-derived case record

Summary, issues, holding and outcome

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Parties

Canada Employment Insurance Commission

Appellant

W. E.

Respondent

Procedural Posture

Employment Insurance / Appeal Division Decision

Legal Issues

  1. 1 Whether the Respondent committed misconduct leading to loss of employment
  2. 2 Whether the General Division erred in law and in fact in focusing on an earlier licence suspension and employer leniency
  3. 3 Whether the correct remedy was to rescind the General Division decision or to remit for a new hearing

Ratio Decidendi

The Respondent committed misconduct because he failed a roadside breathalyzer and was issued a driving prohibition, which rendered him legally unable to perform duties requiring driving; the General Division erred by focusing on an earlier suspension and employer leniency rather than the June 19, 2015 suspension that caused the dismissal, therefore the Appeal Division rescinded the General Division decision and restored the Commission determination.

Court Disposition

Appeal allowed; General Division decision rescinded; Commission determination restored

Orders

  • Appeal allowed
  • General Division decision rescinded