S. K. v. Canada Employment Insurance Commission

S. K. v. Canada Employment Insurance Commission

The application for leave to appeal is granted because the Applicant raised arguable grounds (constructive dismissal and failure to consider remedial measures) which, if proven, could meet the s.58(1) grounds of appeal and there is some basis on the face of the record, giving the appeal a reasonable chance of success.

Source-derived case information.

Citation
2017 SSTADEI 135
Parties
Applicant: S. K.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
31 March 2017
Procedural Posture
Employment Insurance (ei) / Application for Leave to Appeal to the Appeal Division
Outcome
Application for leave to appeal granted.
Legal Topics
Constructive Dismissal, Just Cause for Voluntary Leaving, Leave to Appeal, Natural Justice, Error of Law, Erroneous Finding of Fact
Source Language
english
Employment Insurance Administrative Law Social Security Benefits Constructive Dismissal Just Cause for Voluntary Leaving Leave to Appeal Natural Justice Error of Law +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

S. K.

Applicant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance (ei) / Application for Leave to Appeal to the Appeal Division

Legal Issues

  1. 1 Whether the General Division erred in finding the Applicant had not shown just cause for voluntarily leaving employment
  2. 2 Whether the Applicant was constructively dismissed and whether the General Division properly addressed that claim
  3. 3 Whether the General Division failed to consider measures the Applicant took to remedy his situation

Ratio Decidendi

The application for leave to appeal is granted because the Applicant raised arguable grounds (constructive dismissal and failure to consider remedial measures) which, if proven, could meet the s.58(1) grounds of appeal and there is some basis on the face of the record, giving the appeal a reasonable chance of success.

Court Disposition

Application for leave to appeal granted.

Orders

  • Leave to appeal to the Appeal Division granted.