As many employers are aware, it can be an uphill battle to
uphold a dismissal for just cause. A recent ruling under the
Canada Labour Code (the "Code") demonstrates the
potential ramifications of an Employment Insurance ("EI")
Officer's rulings on a subsequent unjust dismissal
proceeding.
In Alexander v Huron Commodities
Inc., Arbitrator Howard Snow held that the
employer, Huron Commodities Inc., was prohibited from claiming
dismissal for misconduct as an EI Officer had already ruled on the
issue.
The complainant was dismissed from employment on January 24,
2018, and applied for EI benefits shortly thereafter. In assessing
the complainant's eligibility for such benefits, the EI officer
assigned to the claim contacted both the employer and Mr. Alexander
by phone. The employer advised that it had dismissed the
complainant for a number of reasons, including missing fuel from
his company vehicle. However, the employer had not investigated or
pursued the matter and
