D. S. v. Canada Employment Insurance Commission

D. S. v. Canada Employment Insurance Commission

The appeal is dismissed because the appellant admitted the misconduct (positive drug test contrary to employment terms), no evidence of any arbitration or its results was provided to the Tribunal, and the Board's decision contained no reviewable error in law or fact.

Source-derived case information.

Citation
2016 SSTADEI 46
Parties
Appellant: D. S.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 January 2016
Procedural Posture
Employment Insurance Appeal / Appeal Division Final Decision
Outcome
Appeal dismissed
Legal Topics
Misconduct, Termination, Drug Testing, Arbitration, Standard of Review
Source Language
english
Employment Law Administrative Law Social Security Employment Insurance Misconduct Termination Drug Testing Arbitration Standard of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. S.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Division Final Decision

Legal Issues

  1. 1 Whether the appellant's dismissal for misconduct disentitles him to EI benefits
  2. 2 Whether an alleged external arbitration result should affect the Tribunal's decision
  3. 3 Whether the Board of Referees' decision contained a reviewable error

Ratio Decidendi

The appeal is dismissed because the appellant admitted the misconduct (positive drug test contrary to employment terms), no evidence of any arbitration or its results was provided to the Tribunal, and the Board's decision contained no reviewable error in law or fact.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed and Board of Referees decision upheld
  • No further hearing will be scheduled; decision issued on written record