Violence in workplace cannot be sanctioned by entitlements to benefits

Federal appeal | Employment Insurance

ENTITLEMENT

Violence in workplace cannot be sanctioned by entitlements to benefits

Respondent slapped co-worker after she insulted members of his family. Respondent lost employment. Umpire found that misconduct did not exclude respondent’s entitlement to employment insurance. Arbitrator confirmed decision. Employment Insurance Commission applied for judicial review of arbitrator’s decision. Application granted. Umpire’s decision quashed, and matter remitted for redetermination based on finding that respondent was not entitled to benefits. To constitute misconduct, behaviour had to be willful. Umpire concluded that respondent’s violent act was not deliberate. Fact that respondent acted on impulse was not relevant to decision as to whether there was misconduct. Violence in workplace could not be sanctioned by entitlements to benefits. Purpose of law was to protect workers who lost employment involuntarily, not those who were unemployed because of their fault.
Canada (Procureur général) c. Kaba (Sep. 11, 2013, F.C.A., Noël J.A., Johanne Trudel J.A., and Mainville J.A., File No. A-33-13) 245 A.C.W.S. (3d) 854.

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