| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
earnings |
banking hours |
|
Summary:
False Record of Employment (banking of hours) submitted by the claimant in order to obtain a higher rate of benefit. Penalty imposed at 300%. Earnings were also not reported one week; penalty imposed at 200%. In light of the decisions in Morin (A-453-95 and A-681-96), Dunham (A-708-95), Stark (A-701-96) and Turgeon (A-715-95), the Umpire refused to intervene in the amount of the penalties. The FCA, recognizing that the penalties imposed are not all of the same severity, assumed that the Commission had considered them case by case and dismissed the claimant’s appeal.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
reduction |
|
Summary:
False Record of Employment (banking of hours) submitted by the claimant in order to obtain a higher rate of benefit. Penalty imposed at 300%. Earnings were also not reported one week; penalty imposed at 200%. In light of the decisions in Morin (A-453-95 and A-681-96), Dunham (A-708-95), Stark (A-701-96) and Turgeon (A-715-95), the Umpire refused to intervene in the amount of the penalties. The FCA, recognizing that the penalties imposed are not all of the same severity, assumed that the Commission had considered them case by case and dismissed the claimant’s appeal.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Summary:
Claimant asked the Umpire that the matter of the overpayment be sent back to the Commission with a recommendation that it be written off. Request denied by the Umpire. The FCA upheld the denial, stating that the Umpire did not err in law in this respect since it has been established that a write-off comes under the jurisdiction of the Commission. All the Umpire could have done is expressed his ardent hope; he did not err in not doing so.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
amount of penalty |
mitigating circumstances |
|
Summary:
False Record of Employment (banking of hours) submitted by the claimant in order to obtain a higher rate of benefit. Penalty imposed at 300%. Earnings were also not reported one week; penalty imposed at 200%. In light of the decisions in Morin (A-453-95 and A-681-96), Dunham (A-708-95), Stark (A-701-96) and Turgeon (A-715-95), the Umpire refused to intervene in the amount of the penalties. The FCA, recognizing that the penalties imposed are not all of the same severity, assumed that the Commission had considered them case by case and dismissed the claimant’s appeal.
