Summary of Issue: Correction To Consider

Decision 52596 Full Text of Decision 52596

Claimant was under a court order to make family maintenance payments and payments fell into arrears. As a consequence, claimant's license to drive a motor vehicle was suspended. Being a truck driver and no other job being available at his workplace, claimant quit his job. Umpire found that although claimants says he had to quit, the problem he created wilfully amounts to misconduct and his job had to be terminated. Both circumstances are dealt with together in the statute and the BOR made no reviewable error.

Decision A-0748.98 Full Text of Decision A-0748.98

Commission made 3 decisions with respect to an allocation of severance monies. Claimant's appeal filed after the 2nd decision. The BOR and the Umpire determined that the Commission had rendered a decision after the notice of appeal and allowed the claimant's appeal. The FCA found that both the BOR and the Umpire erred as they treated the appeal as relating to the 3rd decision of the Commission rather than the 2nd decision. Principle stated in Von Findenigg (A-0737.82) that any decision made after an appeal is null and void is maintained.

Decision 42401 Full Text of Decision 42401

See summary indexed under FCA A-0748.98.

Decision 39890 Full Text of Decision 39890

BOR focussed its decision on financial factors and did not take into consideration if the number of hours per week dedicated to the new business constituted a full-working week within the legislation.

Decision A-0210.96 Full Text of Decision A-0210.96

Unethical behaviour on the part of the claimant, who resigned. Voluntary quit without just cause according to the Board of Referees. The Umpire added that dismissal seemed to be a reasonable decision given the acts of disloyalty. Umpire's decision nevertheless confirmed: the result remains the same. References made to FCA decisions in Dufour, Easson and Eppel. Appeal summarily dismissed by the FCA.

Decision A-1598.92 Full Text of Decision A-1598.92

The notions of "dismissal for misconduct" and "voluntarily leaving" may be two distinct abstract notions, but they are dealt with together in s. 28 and 30. By interpreting the facts in a slightly different manner and concluding to quitting rather than dismissal, the Board did not err. Disqualified under the misconduct provisions. The Board found that claimant quit without just cause. As per the Umpire, the Board cannot substitute its own opinion and decide on another ground. The Umpire erred. The Board did not stray from the subject matter it was called upon to consider.

Decision 22055 Full Text of Decision 22055

Refer to: A-1598.92

Decision A-1398.92 Full Text of Decision A-1398.92

CEIC stated it was a voluntary leaving, the Board, a dismissal. According to the Umpire, there could be no question of referring the matter back to the Board of referees so that it could try to find the existence of misconduct when the CEIC has treated the matter as voluntary departure. Error in law. Claimant absented himself from his employment without informing his employer. Board stated it was misconduct and allowed the appeal. The Board, and in his turn the Umpire, should have considered whether there had been a dismissal and if that dismissal was provoked by the claimant's misconduct.

Decision 21715 Full Text of Decision 21715

Refer to: A-1398.92

Decision 19940 Full Text of Decision 19940

Notice of rejection based on Reg. 43(1)(b) and the fact of being coadventurer. According to Board, no proof of employment under 43(1)(b) and coadventurer is found under 43(1)(a). I am cancelling Board's decision and allowing CEIC to reinitiate procedures by sending out new notice of rejection.

Decision 19346 Full Text of Decision 19346

As per CUB 11108, the Commission must rescind that decision, thus aborting the appeal, issue a new decision with a fresh period for appeal. This is in fact what it attempted to do. I believe that it is a reasonable course to follow, consistent with natural justice. [p._8]

Decision 17627A Full Text of Decision 17627A

Decision not unemployed under Sections 8 and 10(2); the Board goes by Reg. 42(4) as argued by CEIC. CEIC cannot change horses in middle of stream. If so wishing, must cancel original decision and deliver new notice.

Decision 16859 Full Text of Decision 16859

Claimant, following childbirth, is available at night. Notice dated 19-7 stated she had no babysitter. Appeal filed 16-8. Additional information obtained 17-8. Previous ruling rescinded and new one issued 24-8 stating undue restriction. Procedure acceptable as per CUB 11108.

Decision 13520 Full Text of Decision 13520

Seamen's holiday. Decision relating to earnings was amended to hold not unemployed one month after insured appealed. Amended decision void and case referred back to CEIC for redetermination.

Decision 13093 Full Text of Decision 13093

Notice referred to reg. 43(1)(b) and Board's decision based on 43(1)(a). The Commission must choose its grounds in precise terms and be prepared to defend them; the Board's decision is declared null; this leaves it open to the Commission to reinstitute proceedings if it so wishes.

Decision 12422 Full Text of Decision 12422

The Commission concedes since s.10 and reg. 43 were erroneously invoked. Appeal allowed but Commission may reconsider claim under s.43.

Decision 11994 Full Text of Decision 11994

If a wrong reason [voluntary leaving instead of misconduct] is given by the insurance officer for the disqualification, then the Board should maintain the appeal leaving it open to him to reimpose it for the proper reasons. [p. 5]

Decision 11108 Full Text of Decision 11108

If the Commission seeks to invoke s.86 after claimant has appealed, clearly it must rescind that decision, thus aborting the appeal, and so notify claimant. Thereupon, it may issue a new decision with a fresh period given to claimant to appeal.

Decision A-0737.82 Full Text of Decision A-0737.82

1st notice refers to reg. 39(a). Case upheld by Board under 39(b). 2nd notice refers to s.41 and is a nullity. The Umpire was correct in setting aside the Board's decision. However, to leave the matter there does not entitle claimant to benefit. 41(10) to be considered.