Case information

Administrative law – Judicial Review – Appeals – Boards and tribunals – Social Security Tribunal – Employment insurance – Applicant dismissed from employment – Applicant denied employment insurance benefits on basis that loss of employment was due to misconduct – Whether Federal Court of Appeal erred by upholding decisions which ignored Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27, which requires the meaning of misconduct under the Employment Insurance Act to be given a broad and generous interpretation as benefits-conferring legislation – Whether Federal Court of Appeal erred by giving a decision inconsistent with existing case law, particularly Canada (Attorney General) v. Lemire, 2010 FCA 314 in finding that directive issued by Chief Medical Officer of Health for Ontario can be viewed as part of applicant’s employment contract when the directive is not enforceable against an employee and there is no privity of contract between the government official and employee – Employment Insurance Act, S.C. 1996, c. 23, s. 30

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Applicant Anthony Cecchetto was dismissed from his employment at an Ontario hospital in October 2021. His application for employment insurance (“EI”) benefits was denied on the basis that he had lost his employment as a result of misconduct.

Mr. Cecchetto’s appeal to the Social Security Tribunal’s General Division was dismissed; the General Division found that Mr. Cecchetto had lost his job due to misconduct and was therefore not entitled to receive EI benefits. The Appeal Division refused Mr. Cecchetto’s application for leave to appeal, and the Federal Court dismissed his application for judicial review. The Federal Court of Appeal dismissed both Mr. Cecchetto’s appeal, and his subsequent motion for reconsideration.