Decision A-0926.96

Case Number Claimant Judge Language Decision date
Decision A-0926.96 Gendron Jean-Marie  Federal  French 1997-10-08
Decision Appealed Appellant Corresponding Case
Dismissed Majority  No Claimant 


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

Summary:

Claimant reported that he had not worked on his own account and that he had no connection to the employer, whereas he owned 25% of the employer’s shares. Umpire upheld the Board of Referees’ decision which found that the claimant was not credible and had made a false statement. FCA found that the claimant failed to show that the BOR and the Umpire came to an unreasonable decision in ratifying the 300% penalty imposed. It added that the BOR and Umpire are authorized to intervene only if it is shown that the Commission exercised its discretionary power in a non-judicial manner. This was not shown.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  legislative authority  discretionary powers 

Summary:

Claimant reported that he had not worked on his own account and that he had no connection to the employer, whereas he owned 25% of the employer’s shares. Umpire upheld the Board of Referees’ decision which found that the claimant was not credible and had made a false statement. FCA found that the claimant failed to show that the BOR and the Umpire came to an unreasonable decision in ratifying the 300% penalty imposed. It added that the BOR and Umpire are authorized to intervene only if it is shown that the Commission exercised its discretionary power in a non-judicial manner. This was not shown.


Date modified: