| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
maximum payable |
special benefits |
|
Summary:
Claimant received 25 weeks of maternity and parental benefits. She returned to work but was laid off 2 months after. She was entitled to 5 weeks of regular benefits because of the 30-week cap on combined benefits. Umpire found, in light of the Canadian Human Rights Act (CHRA), that since only women can claim maternity benefits, it was discriminatory to include the weeks of maternity benefits in a calculation of the number of weeks of regular benefits to which a claimant is entitled. Referring to its decision rendered in Sollbach (A-0197.98), the FCA held that since it was not discriminatoy under the Charter, it would not be justifiable to hold it is discriminatory for the purpose of the CHRA. Commission appeal allowed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
maternity benefits |
charter |
|
Summary:
Claimant received 25 weeks of maternity and parental benefits. She returned to work but was laid off 2 months after. She was entitled to 5 weeks of regular benefits because of the 30-week cap on combined benefits. Umpire found, in light of the Canadian Human Rights Act (CHRA), that since only women can claim maternity benefits, it was discriminatory to include the weeks of maternity benefits in a calculation of the number of weeks of regular benefits to which a claimant is entitled. Referring to its decision rendered in Sollbach (A-0197.98), the FCA held that since it was not discriminatoy under the Charter, it would not be justifiable to hold it is discriminatory for the purpose of the CHRA. Commission appeal allowed.
