Employment Insurance (EI)

Decision Information

Decision Content

Citation: BH v Canada Employment Insurance Commission, 2022 SST 1239

Social Security Tribunal of Canada
Appeal Division

Decision

Appellant: B. H.
Respondent: Canada Employment Insurance Commission
Representative: Angele Fricker

Decision under appeal: General Division decision dated October 18, 2022 (GE-22-1902)

Tribunal member: Shirley Netten
Type of hearing: On the Record
Decision date: November 9, 2022
File number: AD-22-794

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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 B. H. 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 properly apply the 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.

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