This issue has arisen in several recent mediations that I have conducted. As regular readers will know, Employment Insurance benefits are usually deducted from money paid out in lieu of notice of dismissal. At mediation, the plaintiff will be asked if they received EI benefits; if they did, then a mechanism for obtaining a statement of account/debt from Service Canada, and a holdback of funds to cover any repayment obligation, is typical.
This blog discusses how Employment Insurance (EI) benefits or CERB benefits are taken into account when calculating wrongful dismissal damages during the COVID 19 pandemic.
The federal government has made temporary changes to the Employment Insurance (EI) program to allow employees who have been terminated, and who have received termination payments in addition to EI, to keep more of their EI.