Lachebi c. Canada (Procureur général)
Loubna Lachebi
Law Firm / Organization
Independent
Lawyer(s)

Nadia Samy

Tribunal de la Sécurité Sociale du Canada

- Parties: The applicant was Loubna Lachebi. The respondent was the Attorney General of Canada.

- Subject Matter: Caisses Desjardins employed the applicant starting in 2007. In October 2018, the employer dismissed her for breach of the employer’s code of ethics and for breach of trust. The employer accused her of neglecting to complete mandatory training and of authorizing a power of attorney in her name on a friend’s behalf without informing the employer. The applicant applied for employment insurance benefits under the Employment Insurance Act, 1996. The Employment Insurance Commission denied the application on the grounds that she lost her employment due to her own misconduct under ss. 29 and 30 of the Act. The Social Security Tribunal’s General Division upheld the Commission’s decision. The Appeal Division dismissed the applicant’s appeal upon finding no basis for intervention.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs as the respondent claimed none. The appeal court held that the Appeal Division committed no error justifying intervention, correctly identified its role in appealing the General Division’s decision, and rightly recalled that the concept of misconduct under ss. 29 and 30 of the Act did not require proof of a guilty mind.

- Date: The hearing was set on Apr. 24, 2024. The court released its decision on Apr. 25, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-27-20
Employment law
$ 0
Respondent
22 January 2020