Fact that worker not eligible for benefits did not mean his employment was not insurable

Public Law - Social programs - Employment insurance

Worker and Canadian employer SC Ltd. entered into local non-national (LNN) agreement under which worker was seconded to Dutch employer SNV within same multinational group. Worker’s salary was paid by SNV and he was under SNV’s direction and control. After 14 months, worker terminated secondment to return to Canada, and was immediately rehired by SC Ltd. but was given three months’ notice of termination for redundancy. Minister of National Revenue determined that worker’s employment with SNV was not insurable employment for purposes of Employment Insurance Act. Worker appealed. Appeal dismissed. Worker ordinarily resided in Canada, he was employed outside Canada, and employment would have been insurable employment had it been in Canada. Worker’s employment in Netherlands was insurable employment under laws of Netherlands so worker did not satisfy condition in s. 5(d) of regulation made under Act. SNV paid premiums for worker for Dutch social program that provided unemployment benefits. Fact that worker may not have been eligible for benefits in Netherlands did not mean that his employment there was not insurable employment.

Gendron v. M.N.R. (2019), 2019 CarswellNat 1671, 2019 CarswellNat 1706, 2019 TCC 100, 2019 CCI 100, K.A. Siobhan Monaghan J. (T.C.C. [Employment Insurance]).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario superior court awards accident victim $1 million despite defence claims she was malingering

Common law reasonable notice still longer than extended mass termination notice: employment lawyer

Jessica Reekie appointed as new executive director of Community Legal Education Ontario

Ontario Superior Court approves settlement for a child hit by a car while crossing the road

Federation of Ontario Law Associations and FullStop slate trade barbs over law library funding

OCA finds force majeure clause allows for rent-free lease extension over COVID-19 lockdown period

Most Read Articles

Changes to personal injury law rules mean firms must be strategic: innovation forum webinar panel

OCA finds force majeure clause allows for rent-free lease extension over COVID-19 lockdown period

Federation of Ontario Law Associations and FullStop slate trade barbs over law library funding

Ont. Superior Court finds plaintiff's costs in medical malpractice case unreasonable and excessive