| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
good cause |
test to apply |
|
Summary:
In order to establish good cause, an applicant must "be able to show that he did what a reasonable person in his situation would have done to satisfy himself as to his rights and obligations under the Act" (A-172-85 - Albrecht). In the present instance, the claimant states that from July 2004 (to March 2006) forward he believed that his former employer was deliberately withholding his record of employment. In these circumstances, a reasonable person would not have continued relying on his employer's earlier advice that benefits cannot be claimed unless and until the record of employment is received. In addition, there is no evidence on the record that the respondent sought additional advice or a second opinion on this issue. A proper application of the legal test to the facts leads to the conclusion that a person in the claimant's situation would have enquired about his rights and obligations and the steps that he should take to protect his claim for benefits. An obvious place for enquire would have been the Commission.
