Citation: SM v Canada Employment Insurance Commission, 2022 SST 1082
Social Security Tribunal of Canada
Appeal Division
Decision
| Appellant: | S. M. |
| Respondent: | Canada Employment Insurance Commission |
| Representative: | Isabelle Thiffault |
| Decision under appeal: | General Division decision dated September 6, 2022 (GE-22-1543) |
| Tribunal member: | Shirley Netten |
| Type of hearing: | On the Record |
| Decision date: | October 25, 2022 |
| File number: | AD-22-724 |
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Decision
[1] The appeal is allowed. The matter will go back to the General Division for reconsideration by a different member.
Background
[2] The Canada Employment Insurance Commission decided not to pay S. M. (Claimant) employment insurance benefits because she lost her employment as a result of misconduct. The Claimant appealed to the General Division. The General Division summarily dismissed the appeal.
[3] The Claimant now appeals to the Appeal Division.
The parties agree on the outcome of the appeal
[4] The parties agree that the General Division made a legal error by summarily dismissing the Claimant’s appeal. They agree that the matter should return to the General Division for a hearing on the merits.
[5] I accept the proposed outcome. The General Division stated but did not apply the proper test for summary dismissal.
[6] For the Claimant’s information, the General Division will open a new file. It will include the documents already submitted by the parties. If they want to, the parties can file additional documents prior to the hearing.
Conclusion
[7] The appeal is allowed. The General Division made an error of law. The matter is returned to the General Division to be heard by a different member.