Employers Appealing EI Decisions: Do So At Your Own Risk

Many employers find themselves in a difficult position when they are advised by Service Canada that an employee they terminated for just cause has applied, and been approved, for Employment Insurance ("EI") benefits. A feeling of injustice often resonates and employers are tempted to appeal the EI benefits decision. However, doing so is a risk that may, ultimately, cost the employer.

The decision of Canadian Union of Public Employees, Local 18 v. Saint John (City), 2015 NBCA 35, serves as a cautionary tale. In that case, an employee was terminated from his employment for cause. The employee was a member of a union. Following his termination, the employee took a number of steps: