Petrogas Energy Service Ltd v. Canada Employment Insurance Commission

Petrogas Energy Service Ltd v. Canada Employment Insurance Commission

Because the Appellant’s non‑attendance was caused by a work emergency, the absence amounted to a denial of the right to be heard; the Commission and Claimant did not oppose remediation and the Employer assured attendance at a new hearing, therefore in the interests of justice the Appeal Division allowed the appeal and remitted the matter to the General Division for a new hearing.

Citation
2017 SSTADEI 11
Parties
Appellant (employer): Petrogas Energy Service Ltd; Respondent (commission): Canada Employment Insurance Commission; Respondent (claimant): Unnamed Claimant
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
17 January 2017
Procedural Posture
Appeal to Appeal Division (employment Insurance) / Decision on Appeal; Remitted to General Division for Reconsideration
Outcome
Appeal allowed; matter returned to the General Division for reconsideration; new General Division hearing ordered
Legal Topics
Right to Be Heard, Reconsideration, New Hearing, Remittal, Leave to Appeal
Source Language
English
Employment Insurance Administrative Law Tribunal Procedure Natural Justice Right to Be Heard Reconsideration New Hearing Remittal +1 more

Case Brief

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Parties

Petrogas Energy Service Ltd

Appellant (employer)

Canada Employment Insurance Commission

Respondent (commission)

Unnamed Claimant

Respondent (claimant)

Procedural Posture

Appeal to Appeal Division (employment Insurance) / Decision on Appeal; Remitted to General Division for Reconsideration

Legal Issues

  1. 1 Whether the Appellant’s absence from the General Division hearing due to a work emergency justified ordering a new hearing
  2. 2 Whether denial of the right to be heard constituted a breach of natural justice warranting remediation
  3. 3 Whether it is in the interests of justice to remit the matter to the General Division for reconsideration

Ratio Decidendi

Because the Appellant’s non‑attendance was caused by a work emergency, the absence amounted to a denial of the right to be heard; the Commission and Claimant did not oppose remediation and the Employer assured attendance at a new hearing, therefore in the interests of justice the Appeal Division allowed the appeal and remitted the matter to the General Division for a new hearing.

Court Disposition

Appeal allowed; matter returned to the General Division for reconsideration; new General Division hearing ordered

Orders

  • Appeal allowed
  • Matter remitted to the General Division for reconsideration