Summary of Issue: Record Of Employment

Decision A0044.14 Full Text of Decision A0044.14

The Commission determined that the claimant had filed a false Record of Employment. This resulted in the cancellation of the claim, an overpayment, a penalty and a violation. The FCA ruled that the evidence which was before the BOR and the Umpire supported the factual finding that the claimant was never employed by the Owner of the ROE. The critical finding of fact was reasonable.

Decision A0142.14 Full Text of Decision A0142.14

This is the strike out of an Employer’s Notice of Application on the dismissal of application T-1706-13 respecting the imposition of a penalty for issuing two fraudulent records of employment. Rather than pursuing his right to have the Commission reconsider the imposition of this penalty, on the basis permitted by section 112 and subsequently by section 113 of the Act (for appeal on to SST), the employer filed the Application with the Federal Court. FCA decided that the failure to follow the Act’s recourse procedures provides a complete justification for the dismissal of the FCA application.

Decision 75221 Full Text of Decision 75221

The claimant knowingly committed a fraudulent act when he falsified his Record of Employment. A penalty was imposed under section 38 of the E.I. Act and a notice of violation was issued under section 7.1 of the E.I. Act. The claimant did not dispute that he reported some inaccurate figures. He explained that he was uncertain as to how the school board paid his salary. He was imposed a penalty of $340.00 and ordered to repay an overpayment of $679.00. The Board of Referees dismissed the claimant's appeal.

Decision 72060 Full Text of Decision 72060

The claimant submitted various Records of Employment. One from a management group which Canada Revenue Agency determined was not insurable employment. The claimant had not accumulated the minimum number of hours of insurable employment to establish a benefit period. The Commission cancelled the benefit period which led to an overpayment of $3,480.00. The Commission determined that the claimant had knowingly provided a false Record of Employment and imposed a non-monetary penalty. The Commission also determined that the claimant had knowingly made false or misleading statements when completing his report cards and it imposed a penalty of $2,891.00 and issued a notice of violation. The claimant's appeal was dismissed and the Commission's decision is upheld.

Decision 72111 Full Text of Decision 72111

Maternity and parental benefits were paid to the claimant. The Commission came to the conclusion that the benefits should not have been paid as the claimant did not accumulate the required amount of insurable hours and assessed an overpayment of $11,300. In addition, a penalty and a notice of violation were also imposed upon the claimant. The Commission cancelled the benefit period. The claimant by her own admission only worked part-time but filed a claim with a record of employment that indicated full time employment and sufficient hours worked and earnings made to qualify for benefits. The claimant's husband also worked for the same employer and it appears that hours and earnings were shared in order to falsify the claimant's ROE. The claimant's appeal to the Umpire is dismissed and the decision form the BOR is maintained.

Decision 68945 Full Text of Decision 68945

This CUB is related to 100 other CUBs between 68945 and 69045 and CUB 67714A, some claimant appeals, some Commission appeals - CUB 68945 is the same decision for all. The cases all involve a system of banking time or accumulating hours between 1992 and 1997 by the employer, Pavages Continental, and certain employees. The employer pleaded guilty to a number of charges in Quebec Provincial Court and was fined $ 80,000. Claimants were subject to retroactive allocations of earnings and recalculations of their benefit rates based on rulings of the Canada Revenue Agency, resulting in overpayments and penalties imposed for false or misleading statements. The Umpire limited the appeals to two issues: writing off of the overpayments and the quantum of the penalties imposed. For some cases, the Umpire confirmed the Board's decisions by saying: "state of health being a factor that must be taken into consideration in determining whether the Commission exercised its discretionary authority judicially. In other cases, the Umpire found it impossible to find that the Board acted appropriately by ruling that the Commission did not exercise its discretionary authority judicially - the Board should have identified the applicable mitigating circumstances in support of its intervention in each case - if it was a financial issue, it should have set out in detail all the relevant evidence for its intervention. For other cases, the Umpire allowed the Commission's appeals and rescinded the Boards' decision with respect to the reduction or cancellation of the penalty.

Decision 69110 Full Text of Decision 69110

The Commission conducted a very thorough investigation here and in similar cases and there is substantial evidence to support the Board's conclusion that the claimant did not actually work as a tree planter and that she based her application for benefits, and subsequently received benefits, on the basis of a false Record of Employment. See similar cases: CUBs 68209 and 68812. See CUB 67582 for the employer's (Dewan Enterprises) denied appeal against penalties. See also CUB 67581 for employer's denied appeal in regard not having a week of unemployment due to self-employment.

Decision A-0032.04 Full Text of Decision A-0032.04

The Commission found that the claimant had submitted two false ROE's in support of two false applications for benefits and imposed penalties pursuant to section 38 of the Act. The BOR made a decision on the credibility of the claimant and concluded he had made false or misleading statements. The Court concluded that the Umpire did not err in refusing to intervene.

Decision 59147 Full Text of Decision 59147

Refer to summary indexed under FCA A-0032.04

Decision 51751 Full Text of Decision 51751

The Commission issued penalties to the claimant for misrepresentation. The Umpire is satisfied from the evidence that the claimant did in fact pretend to be acting for the employer when she filled in the records of employment incorrectly and fraudulently. She deliberately contravened the instructions of the employer and while acting for him falsified these documents. The Umpire dismissed the appeal but for reducing the penalty. Refer also to summary indexed under FCA A-0594.01

Decision A-0108.97 Full Text of Decision A-0108.97

Claimant submitted false ROEs in order to qualify for benefits. Held by Umpire that there was sufficient evidence before the BOR to justify making its decision as it did. Also, any agreement to which the Commission is not a party is not binding on the Commission. The FCA summarily dismissed the application without reasons.

Decision 26393 Full Text of Decision 26393

The claimant's statutory declaration authorizes me to find that she knew full well that the Record of Employment she was filing in support of her claim was inaccurate, and that in that sense, it has been proven that she knowingly made a false or misleading statement.