Decision 42158

Case Number Claimant Judge Language Decision date
Decision 42158   Rouleau  French 1998-09-22
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  knowingly 

Summary:

Penalty imposed for having made 13 false or misleading statements. The claimant admitted having devoted all his time to his business and not making job searches, whereas on his cards, he said that he was not working and was available. Umpire found that the BOR had clearly erred in law in deciding that he had not knowingly made false or misleading statements.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  weeks of unemployment 

Summary:

Penalty imposed for having made 13 false or misleading statements. The claimant admitted having devoted all his time to his business and not making job searches, whereas on his cards, he said that he was not working and was available. Umpire found that the BOR had clearly erred in law in deciding that he had not knowingly made false or misleading statements.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  burden of proof 

Summary:

Penalty imposed for having made 13 false or misleading statements. The claimant admitted having devoted all his time to his business and not making job searches, whereas on his cards, he said that he was not working and was available. Umpire found that the BOR had clearly erred in law in deciding that he had not knowingly made false or misleading statements.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  self-employment assistance  applicability 

Summary:

Claimant informed on 18-07-95 that he was not eligible for the SEA program because he had been operating his business since 04-03-94 and one of the conditions for participation in this program is that the business must not already be in operation. Umpire found that the BOR erred in law in reversing this decision since only the Commission has the discretionary power to accept or refuse a claimant's participation in the SEA program.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  discretionary power 

Summary:

Claimant informed on 18-07-95 that he was not eligible for the SEA program because he had been operating his business since 04-03-94 and one of the conditions for participation in this program is that the business must not already be in operation. Umpire found that the BOR erred in law in reversing this decision since only the Commission has the discretionary power to accept or refuse a claimant's participation in the SEA program.


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