PD v Canada Employment Insurance Commission

PD v Canada Employment Insurance Commission

The appellant knowingly breached clear employer security and remote‑work rules by arranging shipment of employer equipment abroad and logging in from Senegal without authorization; this conduct exposed customer data and disrupted operations, and on the balance of probabilities amounted to wilful or recklessly...

Source-derived case information.

Citation
2022 SST 481
Parties
Appellant: P D; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
19 April 2022
Procedural Posture
Employment Insurance / General Division Decision on Appeal From Commission Reconsideration
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disqualification From Benefits, Remote Work Policies, Protection of Confidential Information
Source Language
english
Employment Insurance Administrative Law Misconduct Disqualification From Benefits Remote Work Policies Protection of Confidential Information

Source-derived case record

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Parties

P D

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal From Commission Reconsideration

Legal Issues

  1. 1 Did the appellant lose his job because of misconduct?
  2. 2 Was the appellant's conduct wilful or reckless under the Employment Insurance Act?

Ratio Decidendi

The appellant knowingly breached clear employer security and remote‑work rules by arranging shipment of employer equipment abroad and logging in from Senegal without authorization; this conduct exposed customer data and disrupted operations, and on the balance of probabilities amounted to wilful or recklessly indifferent behaviour constituting misconduct under s.30 of the Employment Insurance Act, justifying disqualification from EI benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant disqualified from receiving Employment Insurance benefits under section 30 of the Employment Insurance Act