MM v Canada Employment Insurance Commission

MM v Canada Employment Insurance Commission

Considering the three-factor test for availability, the Member found on the balance of probabilities that the Appellant wanted to return to work, made sufficient efforts given the context (including contacting agencies and pursuing permit renewal), and did not impose personal conditions that unduly limited her ability to work; the short delay in filing and IRCC processing delays, together with the employer permitting continued work, meant the failure to renew was not a disqualifying personal condition, therefore the Appellant was not disentitled from EI benefits.

Citation
2023 SST 2079
Parties
Appellant: M. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 December 2023
Procedural Posture
Employment Insurance / General Division Decision on Appeal
Outcome
Appeal allowed; Appellant found not disqualified from receiving EI benefits.
Legal Topics
Availability for Work, Capable of and Available for Work, Work Permit Renewal, Implied Status, Disentitlement
Source Language
English
Employment Insurance Immigration / Work Permit Administrative Law Availability for Work Capable of and Available for Work Work Permit Renewal Implied Status Disentitlement

Case Brief

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Parties

M. M.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal

Legal Issues

  1. 1 Whether the Appellant was capable of and available for work within the meaning of section 18(1)(a) of the Employment Insurance Act
  2. 2 Whether delay in renewing a work permit and lack of implied status constitutes a personal condition that unduly limits availability
  3. 3 Whether IRCC processing delays or employer conduct can be considered in assessing claimant's efforts to obtain status and availability

Ratio Decidendi

Considering the three-factor test for availability, the Member found on the balance of probabilities that the Appellant wanted to return to work, made sufficient efforts given the context (including contacting agencies and pursuing permit renewal), and did not impose personal conditions that unduly limited her ability to work; the short delay in filing and IRCC processing delays, together with the employer permitting continued work, meant the failure to renew was not a disqualifying personal condition, therefore the Appellant was not disentitled from EI benefits.

Court Disposition

Appeal allowed; Appellant found not disqualified from receiving EI benefits.

Orders

  • Appeal allowed
  • Appellant is not disqualified from receiving Employment Insurance benefits