| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
reconsideration of penalty |
|
|
Summary:
The claimant did not declare his vacation pay from the City of Calgary as a result of his separation from employment.The Commission determined that there was an overpayment and that the claimant knowingly made false or misleading statements by failing to declare his period of employment on his renewal application and by failing to declare his vacation pay on the report. The Applicant appealed the reconsideration decision to the General Division. The General Division found that the Applicant knowingly made a false representation to the Commission when he failed to report that he received vacation pay. It also found that the Commission had reasonably utilized its discretion in assessing the penalty. The Appeal Division determined that there was no reviewable error under section 58(1) of DESDA, the Appeal Division refused the application for leave to appeal. The judge found it a reasonable finding that the Applicant would have had no reasonable chance of success at the Appeal Division and dismissed the application.
