| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
misinformation from Commission |
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|
Summary:
Claimant discharged 27-4-93 and filed on 22-3-94. Reasons for delaying: 1) he had filed a grievance which eventually was arbitrated and 2) he was told by a Commission employee that he would not be eligible to receive benefits because he had been dismissed from his job for cause. Quoting Albrecht (A-172-85), the umpire held that the claimant had not done what a reasonable person in his situation would have done to satisfy himself as to his rights and obligations under the Act. The FCA was of the view that the umpire had properly applied the legal test and dimissed the claimant's application for judicial review.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
waiting for grievance settlement or judgment |
|
|
Summary:
Claimant discharged 27-4-93 and filed on 22-3-94. Reasons for delaying: 1) he had filed a grievance which eventually was arbitrated and 2) he was told by a Commission employee that he would not be eligible to receive benefits because he had been dismissed from his job for cause. Quoting Albrecht (A-172-85), the umpire held that the claimant had not done what a reasonable person in his situation would have done to satisfy himself as to his rights and obligations under the Act. The FCA was of the view that the umpire had properly applied the legal test and dimissed the claimant's application for judicial review.
