Difference between revisions of "Employment Insurance Benefit Entitlement (8:VII)"

Employment Insurance Benefit Entitlement (8:VII) (view source)

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 In ''Canada v McNamara'', 2007 FCA 107, the claimant was fired from his job because he failed a random drug test due to trace amounts of marijuana. The court declined to overturn the disqualification, despite the argument that such illegal, but decriminalized conduct as smoking a joint on the previous weekend could not amount to misconduct for EI purposes.
-'''NOTE:''' '''Determinations of “just cause” and “misconduct” by the Commission can be appealed''' and where disqualification is imposed, a client should be  advised to appeal. Many claimants mistakenly believe that they are automatically disqualified from EI if they have been fired, however unfairly. Unfortunately,  many such claimants do not apply for EI benefits at all, or if disqualified do not realize that they can challenge the Commission’s decision until their '''30-day  period to appeal''' expires.
+:'''NOTE:''' '''Determinations of “just cause” and “misconduct” by the Commission can be appealed''' and where disqualification is imposed, a client should be  advised to appeal. Many claimants mistakenly believe that they are automatically disqualified from EI if they have been fired, however unfairly. Unfortunately,  many such claimants do not apply for EI benefits at all, or if disqualified do not realize that they can challenge the Commission’s decision until their '''30-day  period to appeal''' expires.
 == D. Disentitlement ==