D. M. v. Canada Employment Insurance Commission

D. M. v. Canada Employment Insurance Commission

The Appeal Division found the Board misapplied the law by using s.30 (dismissal) when the facts established a suspension; the Board decision is varied to state the Appellant was suspended for misconduct under s.31, altering the overpayment calculation.

Source-derived case information.

Citation
2016 SSTADEI 47
Parties
Appellant: D. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 January 2016
Procedural Posture
Employment Insurance Collection / Appeal to Appeal Division (teleconference Hearing; Leave to Appeal Granted)
Outcome
Appeal allowed in part by consent; Board decision varied to reflect suspension for misconduct under s.31.
Legal Topics
Misconduct, Suspension, Overpayment, Statutory Interpretation, Application of Ss.30 and 31
Source Language
english
Employment Law Administrative Law Social Security Employment Insurance Misconduct Suspension Overpayment Statutory Interpretation +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Collection / Appeal to Appeal Division (teleconference Hearing; Leave to Appeal Granted)

Legal Issues

  1. 1 Whether the Board of Referees applied the correct statutory provision (s.30 v. s.31) when finding misconduct
  2. 2 Whether the employee was dismissed or suspended for misconduct and the consequent effect on overpayment

Ratio Decidendi

The Appeal Division found the Board misapplied the law by using s.30 (dismissal) when the facts established a suspension; the Board decision is varied to state the Appellant was suspended for misconduct under s.31, altering the overpayment calculation.

Court Disposition

Appeal allowed in part by consent; Board decision varied to reflect suspension for misconduct under s.31.

Orders

  • Vary the decision of the Board of Referees to state that the Appellant was suspended for misconduct under s.31 of the Employment Insurance Act and adjust overpayment accordingly.