Summary of Issue: Banking Hours

Decision 68847 Full Text of Decision 68847

This case is similar to CUBs 68848 to 68860, all involving an illegal hours-based system with the employer, Les Crabiers du Nord. In all the cases, the Umpire overturned the decisions of the Board of Referees and confirmed the decisions of the Commission.

Decision A-0321.02 Full Text of Decision A-0321.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision A-0314.02 Full Text of Decision A-0314.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision A-0319.02 Full Text of Decision A-0319.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision A-0318.02 Full Text of Decision A-0318.02

Identical case to Jacques Carle. See summary indexed under FCA A-0315.02, but taking into account the death of the claimant and the write-off of the overpayment and penalty, the Court dismissed the application for judicial review in this case.

Decision A-0317.02 Full Text of Decision A-0317.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision A-0316.02 Full Text of Decision A-0316.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision A-0315.02 Full Text of Decision A-0315.02

A penalty was imposed on the claimant and the employer for connivance. The Court was of the opinion that the Umpire was justified in intervening because the BOR had not considered the arguments and the evidence presented to it. The Court returned the file to the Board so that it could rule on the issues of the disparity between the penalty imposed on the claimant and that imposed on the employer and the precarious physical or financial well-being of the claimant.

Decision A-0320.02 Full Text of Decision A-0320.02

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

Decision 53845 Full Text of Decision 53845

Refer to summary indexed under FCA A-0315.02

Decision A-0857.97 Full Text of Decision A-0857.97

Identical case to A-0846.97. See summary indexed under it.

Decision A-0845.97 Full Text of Decision A-0845.97

Identical case to A-0846.97. See summary indexed under it.

Decision A-0858.97 Full Text of Decision A-0858.97

Identical case to A-0846.97. See summary indexed under it.

Decision A-0847.97 Full Text of Decision A-0847.97

Identical case to A-0846.97. See summary indexed under it.

Decision A-0846.97 Full Text of Decision A-0846.97

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.

Decision A-0137.97 Full Text of Decision A-0137.97

Claimant participated in an hour banking scheme. When work slowed down, the claimant’s banked hours were paid to him as a salary. Penalties were imposed upon the claimant for failing to declare the earnings received in this manner. FCA found that the Umpire had failed to understand the issue before himself and the BOR in ruling that the Commission had not succeeded in proving that the claimant had worked during the weeks at issue. The Commission did not criticize the claimant for having worked during the weeks in question, but for failing to declare any earnings although he had received a salary. Such was the nature of the false statements attributed to the claimant. The claimant admitted to having received remuneration during the weeks at issue, though he had originally stated that he had earned nothing. The falseness of the statements had not only been admitted, but had resulted from a scheme that the claimant also acknowledged. FCA ruled that the Umpire should have recognized this and upheld the penalty.

Decision A-0136.97 Full Text of Decision A-0136.97

Case identical to that of Michel Castonguay. See summary indexed under A-0137.97.

Decision 25908 Full Text of Decision 25908

It is reasonable that one who would be banking hours in order to be paid during bad weather conditions would feel that he would not have to disclose these banked hours in his weekly reporting cards. I agree with the Commission's decision to concede this matter.