SE v Canada Employment Insurance Commission

SE v Canada Employment Insurance Commission

The Commission proved on a balance of probabilities that the appellant was repeatedly warned and suspended for aggressive behaviour and nonetheless committed further aggressive acts that a reasonable person would have known could lead to dismissal; therefore the dismissal was for misconduct and the appellant is disqualified from EI benefits.

Citation
2024 SST 1021
Parties
Appellant: S. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
20 August 2024
Procedural Posture
Employment Insurance General Division / Decision Following in Person Hearing
Outcome
Appeal dismissed; appellant disqualified from receiving Employment Insurance benefits.
Legal Topics
Misconduct, Insubordination, Assault, Benefit Disqualification, Credibility Assessment
Source Language
English
Employment Insurance Labour and Employment Administrative Law Misconduct Insubordination Assault Benefit Disqualification Credibility Assessment

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Parties

S. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance General Division / Decision Following in Person Hearing

Legal Issues

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

Ratio Decidendi

The Commission proved on a balance of probabilities that the appellant was repeatedly warned and suspended for aggressive behaviour and nonetheless committed further aggressive acts that a reasonable person would have known could lead to dismissal; therefore the dismissal was for misconduct and the appellant is disqualified from EI benefits.

Court Disposition

Appeal dismissed; appellant disqualified from receiving Employment Insurance benefits.

Orders

  • Appeal dismissed