SW v Canada Employment Insurance Commission
The Appellant required 700 insurable hours in the qualifying period but had zero hours because the CRA ruled her wage loss replacement earnings non-insurable; the Tribunal must accept that ruling and has no discretion to override statutory qualifying requirements, therefore the appeal is dismissed for failure to meet the hours requirement.
- Citation
- 2024 SST 530
- Parties
- Appellant: S. W.; Respondent: Canada Employment Insurance Commission
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 8 March 2024
- Procedural Posture
- Employment Insurance / General Division Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Hours of Insurable Employment, Qualifying Period, Wage Loss Replacement Earnings, Insurability Determination, Tribunal Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
S. W.
Appellant
Canada Employment Insurance Commission
Respondent
Procedural Posture
Employment Insurance / General Division Decision
Legal Issues
- 1 Whether the Appellant worked enough hours of insurable employment to qualify for EI benefits
- 2 Whether wage loss replacement earnings constitute insurable hours for the qualifying period
Ratio Decidendi
The Appellant required 700 insurable hours in the qualifying period but had zero hours because the CRA ruled her wage loss replacement earnings non-insurable; the Tribunal must accept that ruling and has no discretion to override statutory qualifying requirements, therefore the appeal is dismissed for failure to meet the hours requirement.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
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