YS v Canada Employment Insurance Commission

YS v Canada Employment Insurance Commission

On the balance of probabilities the appellant knowingly and deliberately breached clear employer procedures, the Code of Conduct and the conflicts directive by using his position to have a subordinate process his mortgage and by authorizing reimbursement without prior approval, conduct the appellant could foresee might lead to dismissal; that misconduct caused his dismissal and justifies disqualification from EI benefits.

Citation
2022 SST 476
Parties
Appellant: Y. S.; Respondent: Canada Employment Insurance Commission; Employer: Bank of Montreal
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
8 April 2022
Procedural Posture
Employment Insurance / Appeal to Social Security Tribunal General Division
Outcome
Appeal dismissed
Legal Topics
Misconduct, Disqualification From Benefits, Conflict of Interest, Termination of Employment
Source Language
English
Employment Insurance Employment Law Administrative Law Misconduct Disqualification From Benefits Conflict of Interest Termination of Employment

Case Brief

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Parties

Y. S.

Appellant

Canada Employment Insurance Commission

Respondent

Bank of Montreal

Employer

Procedural Posture

Employment Insurance / Appeal to Social Security Tribunal General Division

Legal Issues

  1. 1 Did the appellant lose his employment because of misconduct?
  2. 2 If so, does that misconduct meet the legal test under the Employment Insurance Act?

Ratio Decidendi

On the balance of probabilities the appellant knowingly and deliberately breached clear employer procedures, the Code of Conduct and the conflicts directive by using his position to have a subordinate process his mortgage and by authorizing reimbursement without prior approval, conduct the appellant could foresee might lead to dismissal; that misconduct caused his dismissal and justifies disqualification from EI benefits.

Court Disposition

Appeal dismissed

Orders

  • The Commission's decision disqualifying the appellant from receiving EI regular benefits as of August 22, 2021, is upheld.