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| federal court |
appeal system |
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Summary:
This was an application for Judicial Review (JR) by the Attorney General of Canada (AGC) against a decision of the Social Security Tribunal (SST)-Appeal Division (AD) denying the Canada Employment Insurance Commission (Commission) leave to appeal a decision of the SST-General Division (GD). The claimant, a Correctional Service Canada employee, was dismissed for having a personal relationship outside of work with an inmate for whom she was responsible. The claimant’s Employment Insurance (EI) application was denied by the Commission on the grounds that the respondent had lost her job by reason of her own misconduct. This decision was upheld on review but the SST-GD allowed the appeal, holding that the claimant had not acted deliberately and willfully or demonstrated such carelessness or negligence that she brought about her own dismissal. The Commission’s request for leave to appeal was denied by the SST-AD, but allowed by the Federal Court
