Summary of Issue: Waiting For Grievance Settlement Or Judgment

Decision 53568 Full Text of Decision 53568

Claimant delayed filing his application for benefits for over 4 years. He stated that he relied on the advice of his legal counsel who advised him not to file a claim for benefits, while the litigation with his former employer was in progress. Referring to the FCA decision in Ehman (A-0360.95), the Umpire held that the test is to demonstrate what a reasonable and prudent person would do and that the claimant failed to demonstrate adherence thereto. Reliance on the advice of his lawyer will not be accepted as "good cause" to explain the delay.

Decision A-0205.96 Full Text of Decision A-0205.96

Claimant discharged 27-4-93 and filed on 22-3-94. Reasons for delaying: 1) he had filed a grievance which eventually was arbitrated and 2) he was told by a Commission employee that he would not be eligible to receive benefits because he had been dismissed from his job for cause. Quoting Albrecht (A-172-85), the umpire held that the claimant had not done what a reasonable person in his situation would have done to satisfy himself as to his rights and obligations under the Act. The FCA was of the view that the umpire had properly applied the legal test and dimissed the claimant's application for judicial review.

Decision A-0360.95 Full Text of Decision A-0360.95

Following legal advice, claimant delayed in filing her application until settlement by the Court concerning child maintenance payments. Held by the FCA that provisions of the Act cannot be used in such a way as to permit claimants to avoid the intended effects of a valid court order.

Decision A-0509.94 Full Text of Decision A-0509.94

Held that the Umpire committed reversible error in reversing the Board's finding based on credibility that claimant had good cause for a 3-year delay related to a suit for wrongful dismissal (a question of mixed fact and law) without giving any indication that the Board had committed legal error.

Decision 24458 Full Text of Decision 24458

Teacher charged with a criminal offence, suspended for 1 year. Judgment rendered 10 months later: was placed on probation for 2 years. He was quite content to accept advice not to apply for UI for fear that some might have to be repaid. The advice he received was never verified with the Commission.

Decision 15875A Full Text of Decision 15875A

2 months late because he had filed a grievance with his union against his dismissal. I do not accept this constitutes good cause. The jurisprudence indicates that good cause is not established when either a claimant was expecting to commence work or expecting to be reinstated.

Decision 14841B Full Text of Decision 14841B

Dismissed for drinking. Judgment pending before criminal court. CEIC requested additional information. He consulted a lawyer and was advised not to reply as this might incriminate him. He decided not to send cards until case decided 16 months later. Didnot act reasonably.

Decision 14022 Full Text of Decision 14022

Grieved dismissal 7-82 after being paid sickness benefits. Even accepting that he thought he was employed until 5-84, immediately upon notification of the arbitration decision, he should have contacted the Commission. He decided to claim Motor Vehicle and delay another 4 months.

Decision 12695 Full Text of Decision 12695

Good cause is more than simply believing that one's employment is not terminated after being told it was by reason of age. After filing, he could have pursued his claim before the Human Rights Commission or Civil Courts. Delay of nearly 3 years.

Decision 12520 Full Text of Decision 12520

Claimant, a doctor, was fired. Criminal charges. Dismissal disputed. Delay of 18 months. Lost his case. The Board found that it was reasonable in the circumstances. I cannot interfere with that finding of fact.