Decision A-0397.99

Case Number Claimant Judge Language Decision date
Decision A-0397.99 Herrera Julia E.  Federal  English 2001-01-23
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  43843A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  documents sent by mail  presumption 

Summary:

Claimant failed to attend an interview saying she had no prior knowledge of the scheduled interview and outlining difficulties she had experienced with mail deliveries. BOR concluded that since claimant had received all other mail, she had received the notice to report. Umpire ruled that in the face of the claimant's denial of receipt of the notice and in the absence of any finding of credibility adverse to the claimant, the BOR had erred in law in giving effect to the presumption of delivery by post. The Court upheld the Umpire's decision stating that the Commission produced no evidence that it had mailed the notice.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  claim procedure  notice of interview 

Summary:

Claimant disqualified for 6 weeks for not attending a Group Information Session (GIS). Umpire ruled that the information session was not an interview in the normal sense of the word and that the failure to attend did not attract a disqualification. The Court found that the Umpire had erred in law stating that the Parliament has described an interview as including "an interview.. to provide information and instruction to help the claimant find employment...". The information session in question here clearly fell within this statutory definition.


Date modified: