TE v Canada Employment Insurance Commission

TE v Canada Employment Insurance Commission

The appellant worked zero hours of insurable employment in the qualifying period (Dec 4, 2022 to Dec 2, 2023); statutory requirements mandate 600 hours for sickness benefits or 665 hours for regular benefits in the appellant's Edmonton region; because the appellant did not meet the requisite hours, he does not qualify for either benefit and the appeal is dismissed; the Tribunal cannot address the separate issue of increased weeks of entitlement because it is outside the scope of the reconsideration decision.

Citation
2024 SST 351
Parties
Appellant: T. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 February 2024
Procedural Posture
Employment Insurance Sickness Benefits / General Division Hearing (in Writing)
Outcome
Appeal dismissed
Legal Topics
Hours of Insurable Employment, Qualifying Period, Sickness Benefits, Regular Benefits, Jurisdictional Limitation
Source Language
English
Employment Insurance Administrative Law Social Security Hours of Insurable Employment Qualifying Period Sickness Benefits Regular Benefits Jurisdictional Limitation

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Parties

T. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Sickness Benefits / General Division Hearing (in Writing)

Legal Issues

  1. 1 Whether the appellant worked sufficient hours in the qualifying period to qualify for EI sickness benefits.
  2. 2 Whether the appellant worked sufficient hours to qualify for regular EI benefits.
  3. 3 Whether the Tribunal can address the appellant's claim for additional weeks of sickness benefits arising from a change in maximum entitlement.

Ratio Decidendi

The appellant worked zero hours of insurable employment in the qualifying period (Dec 4, 2022 to Dec 2, 2023); statutory requirements mandate 600 hours for sickness benefits or 665 hours for regular benefits in the appellant's Edmonton region; because the appellant did not meet the requisite hours, he does not qualify for either benefit and the appeal is dismissed; the Tribunal cannot address the separate issue of increased weeks of entitlement because it is outside the scope of the reconsideration decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No entitlement to sickness or regular Employment Insurance benefits due to insufficient hours of insurable employment