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.
Claimant Not Eligible for Employment Insurance Benefits Due to Invalid Work Permit
SST Ruling on Employment Insurance and Work Permits
The Social Security Tribunal of Canada ruled that a person without a valid work permit is not considered available for employment and thus ineligible for a person (a person) benefits. The decision highlights the importance of having legal authorization to work in Canada when applying for a person benefits.
Claimant Allowed to Receive Benefits After Leaving Job for Training
Appeal Division Allows Claimant to Receive Employment Insurance Benefits After Leaving Job
The Social Security Tribunal Appeal Division allowed the claimant's appeal, finding that she had just cause for leaving her employment due to a referral by a person and lack of reasonable alternatives. The decision overturned an earlier ruling by the General Division which had misunderstood evidence about the claimant’s training program.
SST Allows Appeal on EI Eligibility Based on Hypothetical WLI Benefits
The Social Security Tribunal allowed an appeal challenging a decision about Employment Insurance (a person) eligibility based on hypothetical Wage Loss Indemnity (WLI) benefits. The Appeal Division found that the General Division made errors in its interpretation of the law and facts, leading to the case being returned for reconsideration.
Appeal Allowed: Errors in Employment Insurance Decision
The Appeal Division allowed the appeal because the General Division made mistakes in interpreting the law and assessing the facts. The case involved a worker's claim for Employment Insurance benefits and concerns over disclosing personal health information.
Unrepresented Appellant Wins Procedural Fairness Case at Social Security Tribunal
Social Security Tribunal Must Defer Insurable Hours Questions to [NAME]
Appeal Allowed Due to Procedural Fairness Issues in EI Case
In this Employment Insurance (EI) case, the Social Security Tribunal Appeal Division allowed the claimant's appeal because the lower court did not properly explain the process and rights to an unrepresented litigant. The decision highlights the importance of procedural fairness in ensuring that all parties understand their options.
Appeal Success: Tribunal Must Refer Insurable Employment Questions to CRA
The claimant successfully appealed a decision denying employment insurance benefits after arguing that the initial tribunal made an error by not deferring to the Canada a person Agency (a person) for verification of insurable hours. The Appeal Division agreed, allowing the appeal and sending it back for reconsideration.
Commission's discretion to reconsider claim upheld by Social Security Tribunal of Canada
SST Allows Commission to Reconsider Claimant's Benefit Rate
The Social Security Tribunal ruled in favour of the Commission, allowing them to use their discretion to reconsider a claimant's employment insurance benefits even without new information. This decision upholds the Commission’s right to act judicially within legal limits when reviewing benefit claims.
Social Security Tribunal Sets Reconsideration Period for Employment Insurance Claims
Social Security Tribunal Denies EI Benefits Due to Lack of Just Cause
Commission’s Appeal Allowed: Limitation Period Set at January 21, 2019
The Appeal Division allowed the Commission's appeal and set a limitation period for reconsideration decisions under section 52(5) of the Employment Insurance Act at January 21, 2019. This decision overturned the General Division’s finding that the time frame was shortened to 60 months.
Appeal Dismissed: Claimant Lacked Just Cause to Leave Employment
In a case involving Employment Insurance benefits, the Appeal Division dismissed the claimant’s appeal, agreeing with the lower court that leaving employment voluntarily without just cause disqualified him from receiving benefits.
Appeal Allowed: Jurisdictional Error Invalidates General Division Decision
Vacation Pay and Severance Allocation Decision
Social Security Tribunal Clarifies EI Benefits for Severance and Vacation Pay
In this case, the Social Security Tribunal clarified how to allocate severance and vacation payments for Employment Insurance benefits. The tribunal ruled that vacation pay should start being counted from the layoff date, but severance pay must be counted from when employment ended permanently.
Employment Insurance Appeal Allowed Due to Jurisdiction Error
The appeal was allowed because the a person Division made decisions outside its authority when reviewing an Employment Insurance claim. The decision highlights the importance of adhering to legal jurisdiction in employment insurance cases.