Simbol Test Systems Inc. v. Canada Employment Insurance Commission

Simbol Test Systems Inc. v. Canada Employment Insurance Commission

The Tribunal found that sending a photograph of an employer’s inventory part to a potential competitor from company premises and during work hours was a deliberate and careless act that the claimant knew or ought to have known could impair his duties and make dismissal a real possibility; this conduct constituted misconduct under ss.29-30 of the Employment Insurance Act and was causally related to his dismissal, therefore the Commission’s decision to pay EI benefits was reversed.

Citation
2015 SSTGDEI 176
Parties
Appellant/employer: Simbol Test Systems Inc.; Respondent/commission: Canada Employment Insurance Commission; Claimant/employee: Claimant
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 October 2015
Procedural Posture
Employment Insurance Appeal / General Division Hearing and Decision
Outcome
Appeal allowed; Commission decision reversed
Legal Topics
Misconduct, Dismissal, Confidentiality, Unfair Competition, Intellectual Property, Benefits Entitlement
Source Language
English
Employment Insurance Employment Law Administrative Law Misconduct Dismissal Confidentiality Unfair Competition Intellectual Property +1 more

Case Brief

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Parties

Simbol Test Systems Inc.

Appellant/employer

Canada Employment Insurance Commission

Respondent/commission

Claimant

Claimant/employee

Procedural Posture

Employment Insurance Appeal / General Division Hearing and Decision

Legal Issues

  1. 1 Whether the claimant committed misconduct under ss.29 and 30 of the Employment Insurance Act
  2. 2 Whether the claimant’s actions were wilful or sufficiently careless to justify disqualification from EI benefits
  3. 3 Whether there was a causal relationship between the alleged misconduct and the loss of employment

Ratio Decidendi

The Tribunal found that sending a photograph of an employer’s inventory part to a potential competitor from company premises and during work hours was a deliberate and careless act that the claimant knew or ought to have known could impair his duties and make dismissal a real possibility; this conduct constituted misconduct under ss.29-30 of the Employment Insurance Act and was causally related to his dismissal, therefore the Commission’s decision to pay EI benefits was reversed.

Court Disposition

Appeal allowed; Commission decision reversed

Orders

  • Appeal allowed
  • The revised decision of the Canada Employment Insurance Commission is reversed