| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
charter |
procedure |
Summary:
The FCA found that contrary to the Umpire's findings, there was no evidence on record suggesting that a concession had been made by the Commission to the effect that the income from 2002 and 2003 was not subject to allocations since the service had been performed before 2002. As such, the FCA found that the Umpire's conclusion in that regard was a breach of the rules of procedural fairness within the meaning of section 18.1(4) of the Federal Courts Act.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
earnings |
Self-employment |
Summary:
The Umpire had allowed the claimant's appeal from the BOR's decision that the business income she collected in 2002 and 2003 were earnings under section 35 of the EIR and self-employed income under section 36(6) of the EIR. The FCA allowed the AGC's application, concluding that since the claimant had provided no supporting documents clarifying the nature of her earnings and the periods of time when they were received, the Commission and the BOR were reasonable in their conclusions that earnings were received from transactions which occured during the benefit period as per section 36(6) of the EIR.
