Summary of Issue: Meaning Of A Term


Decision 40243 Full Text of Decision 40243

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

BOR in its decision to find falsity used the words "knowingly or should have known". Umpire found those words neutralized the word "knowingly" and ruled that BOR erred in adopting them as they do not meet the test according to the legislative provisions to determine falsity.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
board of referees rules of construction official wordings differ

Decision 37118A Full Text of Decision 37118A

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Dismissed for having failed to indicate instances of lateness in his daily report. BOR claimed that these actions constituted dishonesty or fraud. Umpire ruled that the BOR had committed an error of law in finding that acts of which the claimant was accused constituted misconduct according to the meaning given to that term in s. 28(1) of the Act, since the claimant’s supervisor was the first person to be informed of his lateness. Consequently, the claimant never intended to rob his employer.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct lateness
misconduct definition

Decision 22097 Full Text of Decision 22097

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Refer to: A-1691.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study
voluntarily leaving employment personal reasons courses of study approved

Decision A-1691.92 Full Text of Decision A-1691.92

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The meaning to be given to the words "without just cause" being a question of law, we feel it irreconcilable with the very purpose of the Act to conclude that the claimant was justified in acting as she did (voluntarily leaving to attend a course). Reference to TANGUAYin re error of law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study
voluntarily leaving employment personal reasons courses of study approved

Decision 23676 Full Text of Decision 23676

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Both counsels acknowledged the fact that the Board failed to delineate what facts constituted misconduct pursuant to the jurisprudence cited (CUBs 21645, 16547 and 22649). By failing so to do, a reversible error in law was committed.


Decision A-0599.92 Full Text of Decision A-0599.92

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Whether a sum paid is a "pension" is a question of law. O'CONNOR quoted. Another characteristic of a pension relates to the level of control the recipient exercises over the pension fund. The true nature of the monies should be determined. Upheld by the FC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings severance pay definition
earnings income nature of monies
earnings pension definition
earnings income non-competitive clause

Decision 20965 Full Text of Decision 20965

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Refer to: A-0599.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income nature of monies
earnings severance pay definition
earnings pension definition
earnings income non-competitive clause

Decision 22477 Full Text of Decision 22477

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

In CUB 18653, I held it was an error in law for a Board to refer to "just cause" in considering a disqualification under s. 27. The test for "good cause" has been well established by the case law as being what a reasonable and prudent person would have done in similar circumstances.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work good cause
refusal of work babysitting arrangements
refusal of work personal constraints after confinement
refusal of work transportation difficulties
availability for work incompatible situations family obligations
availability for work restrictions part-time work
umpires jurisdiction evidence new

Decision 21506 Full Text of Decision 21506

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Board erred in law. If the beneficiary, through ignorance, made false statements as it says in its decision, it's because she did not "knowingly" make false statements.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly

Decision 20371 Full Text of Decision 20371

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

CUB 13920 quoted. I fully concur that the determination of what constitutes "just cause" is a question of fact which falls particularly within the jurisdictional province of Boards of Referees. An Umpire appeal is not a hearing de novo.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal not a trial de novo

Decision 19519 Full Text of Decision 19519

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

No longer able to accept evening shift after childbirth. Employment held not suitable by Board. Error of law. Under s.27 suitability depends on the work conditions themselves and not on one's personal circumstances. Personal affairs to be arranged to achieve that availability.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work suitability defined

Decision 18653 Full Text of Decision 18653

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Parliament did not intend that "good cause" and "just cause" be treated as synonymous. I find that the Board erred in law in its reference to "just cause" when it considered the reasons for the claimant's failure to attend the course.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause definition
courses of instruction or training failure to attend leaving the course
courses of instruction or training good cause definition

Decision 17682 Full Text of Decision 17682

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Board erred in law in relying on Black's Law Dictionary to preclude an honorarium received by the claimant for his elected position as a Band Councillor from being considered as earnings.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income elected or appointed representative

Decision 14807 Full Text of Decision 14807

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Board found that claimant did not intend his answer to be misleading or to misrepresent his situation. Nevertheless, the Board did not eliminate the penalty but simply reduced it. This was an error of law.


Decision 14738 Full Text of Decision 14738

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Voluntary termination justified in part according to the board and disqualification reduced from 6 to 2 weeks. Error in law. Can one be justified in part according to 28? In my opinion, no. It is not appropriate to question whether the justification can be partial or complete.


Decision 14576 Full Text of Decision 14576

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Whether one is available and seeking employment is a question of mixed law and fact. The construction of the word "available" is a matter of law; its application to the particular circumstances is a matter of fact.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search incomplete information
board of referees jurisdiction evidence new
availability for work job search how to search
board of referees right to be heard employer
availability for work job search number of contacts
board of referees errors in law availability concept

Decision 13838 Full Text of Decision 13838

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Act does not define just cause. The definition is a question of law. Just cause is not synonymous with reason or motive. Not sufficient for one to prove he acted reasonably. Reasonableness may be good cause but not necessarily just cause.


Decision 13728 Full Text of Decision 13728

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Board found that the claimant had just cause for refusing the position and reduced the suspension to 3 weeks. The Board erred in law. Having found that the claimant had just cause, it has no jurisdiction to impose any disqualification period.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work good cause

Decision 13629 Full Text of Decision 13629

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The definition of "just cause" is purely a question of law. Its application as to whether an employee was justified in leaving is one of fact. Just cause is not synonymous with reason or motive.


Decision A-0381.85 Full Text of Decision A-0381.85

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Since claimant's admission of impairment was admission of a fact only, and not of the requisite mental state, the Board considered proof of a mental element unnecessary, so that ss. 28(1) relating to misconduct does not require wilfulness or recklessness. Error of law. It is argued that the meaning of an ordinary word of the English language is not a question of law. This question was put to rest in BEDELL where the Court said that the construction of the word 'misconduct' is a question of law. When a word appears in a statutory context, it is for a Court to interpret that word as a matter of law. The construction of a statutory word is a matter of law; its application to particular facts is a matter of fact.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct definition
misconduct substance abuse
umpires grounds of appeal selection of one ground

Decision A-1496.84 Full Text of Decision A-1496.84

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Commission erred in law as it ignored the definition of income in Reg. 57 and the particular requirement of 57(6)(d) in concluding that the value of accommodation and horse board was not insurable earnings. [p. 10]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts responsibility for ui administration
basic concepts rate of benefit computation
basic concepts insurability non-monetary
basic concepts insurability jurisdiction
earnings income in kind

Decision A-1458.84 Full Text of Decision A-1458.84

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

While question of whether an employee had just cause is one of fact, the question of the definition of just cause is purely a question of law. Error of law if decision cannot be reconciled with definition. [p. 4]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons altruistic considerations
voluntarily leaving employment personal reasons monetary considerations
voluntarily leaving employment just cause definition
voluntarily leaving employment legislation rationale
voluntarily leaving employment personal reasons retirement
voluntarily leaving employment new employment a requirement
voluntarily leaving employment new employment delay between two jobs

Decision 11179 Full Text of Decision 11179

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Board found that "misstatements were made innocently" and, therefore, erred in law in holding that any penalty should be imposed since such a finding precludes a finding that claimant knowingly made a false statement.


Decision 10615 Full Text of Decision 10615

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Board concluded that insured had just cause for leaving, and accordingly reduced disqualification from 6 weeks to 3. Mitigating circumstances may be considered only where insured left without just cause.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability duration of disqualification

Decision A-1865.83 Full Text of Decision A-1865.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The meaning of "full working week" in 21(1) is a question of law; whether particular weeks are full working weeks may turn on questions of fact. [p. 17]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment full working week
antedate ignorance of the law not an excuse
antedate waiting for job searching for work
antedate disentitlement period at issue employed
basic concepts rate of benefit computation

Decision A-1716.83 Full Text of Decision A-1716.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

Not necessary to attempt definition, perhaps undesirable to do so. Whether one's conduct is misconduct will depend largely on the circumstances of each case. The construction of a word is a question of law. Whether a particular act is misconduct is a question of fact.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct refusal to obey orders
misconduct definition
board of referees constitution of board change of members

Decision A-1607.83 Full Text of Decision A-1607.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The decision of the Board was based in part upon a misinterpretation of the settlement agreement in which payment is described as damages. This would constitute an error in law and permit an Umpire to vary the decision.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings awards as income

Decision A-0440.83 Full Text of Decision A-0440.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

According to board, claimant was dismissed as result of simple disagreement with employer with no ill will on either part. It therefore erred in law in finding misconduct.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct misunderstandings

Decision A-0613.81 Full Text of Decision A-0613.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law meaning of a term
Summary:

The Umpire erred in law in saying that babysitting difficulties amounted to good cause, given the conclusion that claimant could not restrict her availability to the extent she had. If not available due to these difficulties, these cannot amount to goodcause. [p._15]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work babysitting arrangements
basic concepts disqualification and disentitlement
availability for work restrictions hours of work
availability for work incompatible situations good reasons
availability for work incompatible situations family obligations
board of referees errors in law availability concept
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