Employment Insurance (EI)

Decision

[1] The appeal is allowed. The appeal will go back to the General Division for reconsideration.

Overview

[2] C. K. is the Claimant in this case. She applied for Employment Insurance (EI) benefits after she stopped working.

[3] The Canada Employment Insurance Commission (Commission) decided that the Claimant could not get EI benefits because she was suspended from her job due to misconduct.^{Footnote 1} The Claimant appealed that decision to the General Division.

[4] The General Division decided that the appeal had no reasonable chance of success.^{Footnote 2} It summarily dismissed the appeal without holding a hearing.^{Footnote 3} 

[5] The Claimant appealed that decision to the Appeal Division.^{Footnote 4} She says that the General Division made an error of law, error of fact, and did not follow procedural fairness when it summarily dismissed her case.^{Footnote 5} She argues that she should have an opportunity to present her case. 

[6] The Commission agrees that the General Division made an error of law when it summarily dismissed the Claimant’s appeal.^{Footnote 6}

The parties agree on the outcome of the appeal

[7] The Commission agrees that the General Division made an error of law when it summarily dismissed the Claimant’s appeal.^{Footnote 7} It recognizes that the appeal was not hopeless and that it should not have been decided without a hearing.

[8] The Commission says that the appeal should be allowed and the case should be sent back to the General Division for reconsideration.^{Footnote 8}

[9] The Claimant agrees that the case should be sent back to the General Division for reconsideration.^{Footnote 9}

I accept the proposed outcome

[10] I can intervene because I agree that the General Division made an error of law when it decided to summarily dismiss the appeal.^{Footnote 10}

[11] The law at the time permitted for the General Division to summarily dismiss an appeal if it was satisfied that it had no reasonable chance of success.^{Footnote 11} The Federal Court confirmed that the standard for summary dismissal is high. The test is whether the appeal before the General Division was bound to fail no matter what evidence or arguments might have been presented at the hearing.^{Footnote 12}

[12] The Claimant wants a chance to present her case and to challenge the Commission’s allegations of misconduct. It was not plain and obvious on the record that the Claimant’s appeal was bound to fail. Both parties want the appeal to be returned to the General Division.

[13] I accept the outcome proposed by the parties.

Conclusion

[14] I am allowing the Claimant’s appeal.

[15] The General Division made an error of law when it summarily dismissed the appeal. So, the case is being returned to the General Division for reconsideration.