Handyman Personnel v. Canada Employment Insurance Commission

Handyman Personnel v. Canada Employment Insurance Commission

The Employer failed to prove on a balance of probabilities that the Employee engaged in the alleged threatening misconduct and that such misconduct was the operative cause of dismissal; therefore the disqualification under s.30(1) was not established and the Employer's appeal is dismissed.

Citation
2014 SSTGDEI 115
Parties
Employer (appellant): Handyman Personnel; Respondent (commission): Canada Employment Insurance Commission; Employee (claimant): Unnamed Employee
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Employment Insurance Collection Appeal to Social Security Tribunal, General Division / Decision on the Merits Following a Hearing in Absence Pursuant to SST Regulations S.12(1)
Outcome
Appeal dismissed
Legal Topics
Misconduct, Termination for Cause, Benefits Disqualification, Burden of Proof
Source Language
English
Employment Insurance Administrative Law Labour Law Misconduct Termination for Cause Benefits Disqualification Burden of Proof

Case Brief

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Parties

Handyman Personnel

Employer (appellant)

Canada Employment Insurance Commission

Respondent (commission)

Unnamed Employee

Employee (claimant)

Procedural Posture

Employment Insurance Collection Appeal to Social Security Tribunal, General Division / Decision on the Merits Following a Hearing in Absence Pursuant to SST Regulations S.12(1)

Legal Issues

  1. 1 Whether the employee lost employment by reason of his own misconduct under s.30(1) of the Employment Insurance Act
  2. 2 Whether the employer discharged the burden of proving misconduct on a balance of probabilities
  3. 3 Whether alleged threats were the operative cause of dismissal

Ratio Decidendi

The Employer failed to prove on a balance of probabilities that the Employee engaged in the alleged threatening misconduct and that such misconduct was the operative cause of dismissal; therefore the disqualification under s.30(1) was not established and the Employer's appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Employer's appeal is dismissed.