Social Security Tribunal of Canada (Employment Insurance) case law
Judgments from the Social Security Tribunal of Canada (Employment Insurance) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Social Security Tribunal Rules Settlement Proceeds as Employment Insurance Earnings
In a recent Employment Insurance case, the Social Security Tribunal ruled that settlement proceeds received by an employee after termination are considered earnings under the Employment Insurance Act. The Tribunal dismissed the appeal, stating that the employee did not provide sufficient evidence to prove that the settlement proceeds were not for loss of income due to termination.
Appeal Dismissed: Settlement Payments Are Earnings for EI Purposes
A terminated employee appealed against the Social Security Tribunal’s ruling that their settlement payment was considered employment income for EI purposes. The Appeal Division dismissed the appeal, finding insufficient evidence to prove the payment was not compensation for lost wages or benefits.
Claimant Allowed to Receive EI Benefits Despite Temporary Absence
Claimant Wins Appeal: Residency Rules for EI Benefits Clarified
The claimant won their appeal against a decision that denied them a person (a person) benefits because they were outside Canada. The Social Security Tribunal found an error in the initial ruling and clarified the rules for temporary residence in contiguous US states under a person.
Appeal Allowed: Misconduct and Overpayment Reconsidered
Appeal Allowed: Commission's Decision on Reconsideration Time
Social Security Tribunal: Appeal Division Allows Claimant’s Employment Insurance Appeal
In this case, the Appeal Division overturned a decision made by the a person Division regarding Employment Insurance (a person) benefits. The claimant appealed after being denied a person benefits due to immigration status issues. The Appeal Division found that the a person Division incorrectly applied regulations when it had already determined that the Commission acted judicially.
SST Allows Employment Insurance Misconduct Appeal Due to Procedural Error
A self-represented litigant won their appeal at the Social Security Tribunal because they were not given proper notice about a deadline, leading to a lack of procedural fairness. This case highlights the importance of ensuring all parties receive clear communication and have an opportunity to present evidence.
Claimant Allowed: Appeal Division Overturns Misconduct Ruling
Appeal Division Rules Social Security Tribunal Erred by Ignoring Binding Case Law
In a recent Employment Insurance case, the Appeal Division found that the Social Security Tribunal made a mistake by not considering previous rulings from the Federal Court. The Appeal Division ruled that the original decision should be reconsidered in light of these higher court rulings.
Commission Wins Appeal: General Division Made Legal Error
In this Employment Insurance case, the Appeal Division ruled in favour of the Commission, overturning the previous decision because it did not consider relevant legal precedents set by higher courts. This means that any income received during the period must now be included as earnings and affect the claimant's benefits.
SST Allows Appeal: Employer Must Provide Clear Return-to-Work Notice
In this case, an employee appealed a decision denying their Employment Insurance (a person) benefits due to alleged misconduct. The Appeal Division found that the General Division made errors in its assessment and allowed the appeal. It ruled that clear notice from the employer regarding return-to-work obligations is necessary for misconduct to be established.
Social Security Tribunal Overturns Commission's Reconsideration of Employment Insurance Benefits
The Social Security Tribunal of Canada overturned the Commission's decision to reconsider claimants' Employment Insurance benefits due to an error in processing their claims. The Tribunal found that the Commission failed to use its discretion judicially when it decided to reconsider the claims.
SST Appeal Division Rules Against EI Commission’s Reconsideration Policy
In this case, the Social Security Tribunal of Canada ruled that the Employment Insurance Commission improperly reconsidered claims for benefits by allocating severance pay and vacation pay. The decision highlights the importance of judicial discretion in such matters.
Successful Appeal for Employment Insurance Benefits Due to Legal Error
Employment Insurance Appeal Allowed Due to Legal Error
A person appealed a decision denying their employment insurance (EI) benefits after quitting a job without just cause. The Appeal Division agreed that the initial decision did not properly consider all relevant factors, such as working conditions and harassment, leading to an error of law by the General Division. As a result, the case was referred back for reconsideration.
Appeal for Employment Insurance Benefits Dismissed Due to Insufficient Hours Worked
Claimant's Employment Insurance Appeal Rejected by Social Security Tribunal
A person who applied for Employment Insurance (a person) benefits was denied because they did not meet the minimum hour requirement set by their local unemployment rate. They appealed but were unsuccessful as the Social Security Tribunal found no errors in the initial decision.
Claimant Allowed to Receive Benefits After Leaving One Job
The Appeal Division allowed the claimant's appeal, finding he had just cause for leaving one job while maintaining another. The claimant was approved for a leave of absence from one job and quit another, but had reasonable grounds to believe his employment would continue upon returning.
Successful EI Appeal: Just Cause for Leaving One Job Confirmed
A person who left one job while taking an approved leave from another job successfully appealed a decision denying Employment Insurance benefits. The Appeal Division agreed there was just cause for leaving the second job.
