K. P. v. Canada Employment Insurance Commission

K. P. v. Canada Employment Insurance Commission

The General Division's denial of the adjournment deprived the claimant of the opportunity to introduce key evidence that she was never employed by X, thereby breaching natural justice; therefore the Appeal Division allowed the appeal and remitted the matter for a new hearing before a different member.

Citation
2018 SST 444
Parties
Appellant: K. P.; Representative for the Appellant: Francesca Allodi-Ross; Representative for the Respondent: Suzanne Prud’Homme
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 April 2018
Procedural Posture
Employment Insurance Appeal / Appeal to Appeal Division; Remitted to General Division for New Hearing Before a Different Member
Outcome
Appeal allowed; General Division decision removed and matter remitted for a new hearing before a different member.
Legal Topics
Voluntary Leaving, Just Cause, Misrepresentation, Adjournment, Natural Justice
Source Language
English
Employment Insurance Administrative Law Social Security Voluntary Leaving Just Cause Misrepresentation Adjournment Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

K. P.

Appellant

Francesca Allodi-Ross

Representative for the Appellant

Suzanne Prud’Homme

Representative for the Respondent

Procedural Posture

Employment Insurance Appeal / Appeal to Appeal Division; Remitted to General Division for New Hearing Before a Different Member

Legal Issues

  1. 1 Whether the General Division breached natural justice by denying an adjournment that prevented the claimant from introducing evidence that she was never employed by X and thus did not voluntarily leave; whether refusal to adjourn prejudiced the claimant's right to a fair hearing under paragraph 58(1)(a) DESD Act; application of ss.29 and 30 of the Employment Insurance Act regarding just cause for leaving

Ratio Decidendi

The General Division's denial of the adjournment deprived the claimant of the opportunity to introduce key evidence that she was never employed by X, thereby breaching natural justice; therefore the Appeal Division allowed the appeal and remitted the matter for a new hearing before a different member.

Court Disposition

Appeal allowed; General Division decision removed and matter remitted for a new hearing before a different member.

Orders

  • Appeal allowed
  • File returned to the Employment Insurance Section of the General Division for a new hearing by a different member