Employment Insurance (EI)
Decision Information
The Claimant was denied Employment Insurance (EI) benefits. She appealed to the General Division (GD). The GD sent a letter to the Claimant, giving her the opportunity to make arguments about whether her appeal should be summarily dismissed. Her deadline was June 23, 2022. The Claimant didn’t respond to that letter. The Claimant called the Tribunal on June 21, 2022 to say she hadn’t been receiving any correspondence, and asked for everything to be resent to her. She was not told about the looming deadline, and the correspondence was not sent again. Apparently unaware of the phone call, the GD member issued a decision dismissing the Claimant’s appeal, on June 30, 2022. The Claimant appealed the GD decision to the Appeal Division (AD).
At a case conference, the parties agreed that the GD proceeded in a way that was unfair, and that the matter must return to the GD. The AD accepted the proposed outcome. The Claimant did not have a fair opportunity to be heard before the GD summarily dismissed her appeal. This was procedurally unfair. The AD directed the GD to correspond with the Claimant by both email and mail, using the updated mailing address. The AD allowed the appeal and sent the matter back to the GD for reconsideration by a different member.
Decision Content
Citation: KM v Canada Employment Insurance Commission, 2022 SST 904
Social Security Tribunal of Canada
Appeal Division
Decision
| Appellant: | K. M. |
| Respondent: | Canada Employment Insurance Commission |
| Representative: | Rachel Paquette |
| Decision under appeal: | General Division decision dated June 30, 2022 (GE-22-1306) |
| Tribunal member: | Shirley Netten |
| Type of hearing: | On the Record |
| Decision date: | September 14, 2022 |
| File number: | AD-22-501 |
On this page
Decision
[1] The appeal is allowed. The matter will go back to the General Division for reconsideration with directions.
Background
[2] The Claimant, K. M., was denied Employment Insurance benefits. She appealed to the Tribunal’s General Division.
[3] The General Division sent a letter to the Claimant, giving her the opportunity to make arguments about whether her appeal should be summarily dismissed (without a hearing). Her deadline was June 23, 2022. The Claimant didn’t respond to that letter.
[4] The Claimant called the Tribunal on June 21, 2022 to say that she hadn’t been receiving any correspondence, and she asked for everything to be re-sent to her.Footnote 1 She was not told about the looming deadline, and the correspondence was not sent again. Apparently unaware of the phone call, the General Division member issued a decision dismissing the Claimant’s appeal, on June 30, 2022.
The parties agree on the outcome of the appeal
[5] At a case conference, the parties agreed that the General Division proceeded in a way that was unfair, and that the matter must return to the General Division.
I accept the proposed outcome
[6] The Claimant did not have a fair opportunity to be heard before the General Division summarily dismissed her appeal. I agree that this was procedurally unfair.
[7] The Appeal Division can’t accept new evidence about the claim for benefits. This matter will be returned to the General Division for reconsideration by a different member. The General Division is directed to correspond with the Claimant by both email and mail, using the updated mailing address.
Conclusion
[8] The appeal is allowed. The matter will go back to the General Division for reconsideration by a different member. Correspondence must be sent to the Claimant by both email and mail.