Federal Appeal


Employment Insurance

Appeal

Appeal Division’s decision was not unreasonable

Applicant unsuccessfully applied for employment insurance benefits. Applicant told Canada Employment Insurance Commission that he quit his job after only working for matter of days, because he was claustrophobic and required to work in confined spaces and because he was looked down upon by colleagues. General Division of Social Security Tribunal concluded that applicant left employment without just cause within meaning of ss. 29 and 30 of Employment Insurance Act (Can.). Applicant’s appeal was dismissed by Appeal Division of Tribunal. Applicant applied for judicial review. Application dismissed. Appeal Division’s decision was not unreasonable. Applicant put forward essentially same arguments that he had submitted to Appeal Division. Role of court was not to reassess these arguments but rather to determine whether decision of Appeal Division was reasonably open to it. Appeal Division found that applicant’s working conditions were not so intolerable as to leave him no reasonable option but to resign two days after he started. Appeal Division concluded that medical note supporting indicating he had been medically advised to terminate employment should be given little weight, as it sought afterwards and did not particularize employment or medical conditions it was referring to. Applicant did not establish these conclusions were unreasonable.

Hurtubise v. Canada (Attorney General) (May 11, 2016, F.C.A., J.D. Denis Pelletier J.A., Wyman W. Webb J.A., and Yves de Montigny J.A., A-471-15) 266 A.C.W.S. (3d) 383.

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