The self-represented applicant sought judicial review of a decision by the Social Security Tribunal Appeal Division denying leave to appeal a finding that he was ineligible for Employment Insurance benefits due to misconduct.
The applicant had refused to attend his workplace following an incident he perceived as harassment by the company president.
The General Division found his non-attendance constituted misconduct without analyzing the harassment allegations.
The Federal Court held that it was unreasonable for the tribunal not to consider the employer's pre-misconduct actions when assessing whether the employee's conduct was intentional.
The application for judicial review was allowed, and the matter returned to the Appeal Division for redetermination.
