| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
permanent contract for less than 12 months |
|
|
Summary:
Claimant worked as a teacher under a 10-month contract from 9-90 to 6-91 except that in May or June 1991 the provisions of the collective agreement converted the 10-month or more temporary contracts into continuing contracts. Not entitled to UI benefits in 7-91 and 8-91.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
Only the Commission has the authority to forgive overpayments. The Boards do not have this authority, nor do the Umpires. The Commission is thereby made both judge and jury in a case in which it itself is a party. In any event, it is the public policy of the government to maintain such a provision.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
hardship defined |
|
Summary:
The Commission's internal policy is that the write-off of an overpayment is allowed only when financial hardship is of a permanent nature. This position is clearly incorrect. The regulation contains no such limitation. It is a fettering of discretion for the Commission to make its decision in such a way.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
recourse |
Summary:
For claimants to challenge a wrongful exercise of discretion by the Commission, they would have to bring a s. 18 application to the Federal Court Trial Division, an expensive and time consuming procedure which essentially denies individuals any viable recourse to challenge a misuse of discretion.
