SE v Commission de l’assurance-emploi du Canada

SE v Commission de l’assurance-emploi du Canada

Permission to appeal was refused because the claimant failed to raise any arguable reviewable error; the General Division reasonably accepted the employer’s evidence, made credibility findings that supported a finding of misconduct, and acted within its jurisdiction so the appeal had no reasonable chance of success.

Citation
2024 SST 1181
Parties
Appellant: S. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 October 2024
Procedural Posture
Employment Insurance / Leave to Appeal (permission Stage)
Outcome
Permission to appeal refused; appeal will not proceed.
Legal Topics
Misconduct, Disqualification From EI Benefits, Leave to Appeal, Credibility Findings, Standard of Review
Source Language
English
Employment Law Social Security Administrative Law Misconduct Disqualification From EI Benefits Leave to Appeal Credibility Findings Standard of Review

Case Brief

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Parties

S. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / Leave to Appeal (permission Stage)

Legal Issues

  1. 1 Whether the General Division erred in finding the claimant lost his job for misconduct
  2. 2 Whether the General Division made a reviewable error of fact or law warranting permission to appeal
  3. 3 Whether the General Division’s hearing process was procedurally unfair

Ratio Decidendi

Permission to appeal was refused because the claimant failed to raise any arguable reviewable error; the General Division reasonably accepted the employer’s evidence, made credibility findings that supported a finding of misconduct, and acted within its jurisdiction so the appeal had no reasonable chance of success.

Court Disposition

Permission to appeal refused; appeal will not proceed.

Orders

  • Permission to appeal refused.