E. E. v. Canada Employment Insurance Commission

E. E. v. Canada Employment Insurance Commission

The tribunal found the appellant willfully or recklessly breached her duty of confidentiality by sending internal communications and an internal report to two former employees and committed insubordination by stating she had no respect for her new boss and would not be micromanaged; these actions irreparably harmed the employment relationship and were conduct for which dismissal was a real possibility, constituting misconduct under section 30 and justifying disqualification from EI effective August 19, 2018.

Citation
2019 SST 869
Parties
Appellant: E. E.; Respondent: Canada Employment Insurance Commission; Employer: X
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 January 2019
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed; appellant disqualified from EI benefits under section 30 of the Employment Insurance Act effective August 19, 2018.
Legal Topics
Misconduct, Disqualification, Confidentiality, Insubordination, Record of Employment, Section 30 EI Act
Source Language
English
Employment Insurance Administrative Law Employment Law Misconduct Disqualification Confidentiality Insubordination Record of Employment +1 more

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Parties

E. E.

Appellant

Canada Employment Insurance Commission

Respondent

X

Employer

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the appellant was disqualified from EI benefits under section 30 for misconduct by sending internal communications to former employees and making derogatory statements about her new boss

Ratio Decidendi

The tribunal found the appellant willfully or recklessly breached her duty of confidentiality by sending internal communications and an internal report to two former employees and committed insubordination by stating she had no respect for her new boss and would not be micromanaged; these actions irreparably harmed the employment relationship and were conduct for which dismissal was a real possibility, constituting misconduct under section 30 and justifying disqualification from EI effective August 19, 2018.

Court Disposition

Appeal dismissed; appellant disqualified from EI benefits under section 30 of the Employment Insurance Act effective August 19, 2018.

Orders

  • Appeal dismissed.
  • Disqualification from employment insurance benefits pursuant to section 30 of the Employment Insurance Act effective August 19, 2018.