HA v Canada Employment Insurance Commission

HA v Canada Employment Insurance Commission

The Tribunal found the claimant took an authorized period of leave and had just cause up to August 27, 2020 to care for her mother, but after that date she failed to show no reasonable alternative existed to continuing leave (employer had authorized the leave and a return date was agreed and she could have returned and requested time off), therefore she is disentitled to EI benefits from August 28, 2020.

Citation
2021 SST 173
Parties
Claimant: H. A.; Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 February 2021
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Voluntary Leaving, Leave of Absence, Just Cause, Compassionate Care, Family Caregiver Benefits, Benefit Entitlement
Source Language
English
Employment Insurance Social Security Administrative Law Voluntary Leaving Leave of Absence Just Cause Compassionate Care Family Caregiver Benefits +1 more

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Parties

H. A.

Claimant

Canada Employment Insurance Commission

Commission

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Did the Claimant voluntarily leave or take a period of leave from her job?
  2. 2 If so, did the Claimant have just cause to leave or take a period of leave voluntarily?

Ratio Decidendi

The Tribunal found the claimant took an authorized period of leave and had just cause up to August 27, 2020 to care for her mother, but after that date she failed to show no reasonable alternative existed to continuing leave (employer had authorized the leave and a return date was agreed and she could have returned and requested time off), therefore she is disentitled to EI benefits from August 28, 2020.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is disentitled to receiving Employment Insurance benefits from August 28, 2020