RT v Canada Employment Insurance Commission

RT v Canada Employment Insurance Commission

The employer dismissed the claimant and the Commission failed to prove the claimant’s conduct amounted to misconduct because the claimant credibly showed he had discussed the time off with his supervisor, acted to address an unexpected pay shortfall, and did not possess the requisite wilful mental element or foresee...

Source-derived case information.

Citation
2022 SST 479
Parties
Appellant: R. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
16 May 2022
Procedural Posture
Employment Insurance Appeal / Decision (general Division Hearing Concluded)
Outcome
Appeal allowed; claimant not disqualified from regular Employment Insurance benefits for misconduct.
Legal Topics
Employment Insurance, Misconduct, Disqualification, Voluntary Leaving, Just Cause
Source Language
english
Employment Law Social Security Law Administrative Law Employment Insurance Misconduct Disqualification Voluntary Leaving Just Cause

Source-derived case record

Summary, issues, holding and outcome

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Parties

R. T.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Decision (general Division Hearing Concluded)

Legal Issues

  1. 1 Did the claimant voluntarily leave or was he dismissed?
  2. 2 Did the claimant’s conduct lead to his loss of employment?
  3. 3 If so, does that conduct constitute misconduct under the Employment Insurance Act?

Ratio Decidendi

The employer dismissed the claimant and the Commission failed to prove the claimant’s conduct amounted to misconduct because the claimant credibly showed he had discussed the time off with his supervisor, acted to address an unexpected pay shortfall, and did not possess the requisite wilful mental element or foresee dismissal; therefore the claimant is not disqualified from regular EI benefits.

Court Disposition

Appeal allowed; claimant not disqualified from regular Employment Insurance benefits for misconduct.

Orders

  • Appeal allowed.
  • Claimant is not disqualified from regular Employment Insurance benefits for misconduct.