E. D. v. Canada Employment Insurance Commission

E. D. v. Canada Employment Insurance Commission

The Appeal Division granted leave because the applicant raised arguable questions of law and fact concerning the General Division’s misconduct finding and evidentiary and credibility assessments that, if resolved in the applicant’s favour, might lead to the setting aside of the General Division decision, thus...

Source-derived case information.

Citation
2017 SSTADEI 232
Parties
Applicant: E. D.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 June 2017
Procedural Posture
Employment Insurance Misconduct / Application for Leave to Appeal to the Appeal Division
Outcome
Leave to appeal granted
Legal Topics
Employment Insurance, Misconduct, Leave to Appeal, Procedural Fairness
Source Language
english
Employment Law Social Security Law Administrative Law Employment Insurance Misconduct Leave to Appeal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

E. D.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Misconduct / Application for Leave to Appeal to the Appeal Division

Legal Issues

  1. 1 Whether the General Division erred in law or fact in finding the Applicant lost employment for misconduct under ss.29 and 30 of the Employment Insurance Act
  2. 2 Whether the General Division improperly assessed credibility and excluded or failed to consider evidence
  3. 3 Whether the reason given by the employer was a pretext possibly linked to anti‑union behaviour

Ratio Decidendi

The Appeal Division granted leave because the applicant raised arguable questions of law and fact concerning the General Division’s misconduct finding and evidentiary and credibility assessments that, if resolved in the applicant’s favour, might lead to the setting aside of the General Division decision, thus demonstrating a reasonable chance of success.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal to the Appeal Division of the Social Security Tribunal of Canada granted; appeal referred to the Appeal Division