Date: 19980622
Docket: A-474-97
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
JACQUES CARPENTIER
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Monday, June 22, 1998)
MARCEAU J.A.
[1] We are all of the view that the decision here under review, a decision of an umpire acting under the Unemployment Insurance Act, cannot be allowed to stand.
[2] It is obvious to us that, in simply upholding without further comment the ruling of the Commission disentitling the applicant of benefits from the moment of his lay-off on the basis that he did not make himself available for work, the Board of Referees, and then the umpire, failed to take into consideration all the facts of the case. It was clear on the evidence that the claimant was only temporarily out of work as his employer had been forced to lay him off because of lack of funds, but expected to be able to call him back three months later, on July 1st. It was clear also that on May 29, the claimant went back to work for his employer albeit on a part-time basis since he was only recalled full-time on October 16. These facts appear to have been ignored by the Commission when it made its decision on July 20, and were completely overlooked by the Board of Referees and the umpire when called upon to verify the Commission's reaction. It seems to us that, in keeping with so many past decisions of the umpires, those facts were essential in determining whether the claimant could be found to have been in breach of the requirement of the Act with respect to his availability. The situation is all the more difficult to understand given that, from the time of the claim on April 3 until the letter advising of the ruling on July 20, the claimant had not received any news of his claim, nor any notice of a problem. He further was not paid any benefits although he had regularly filed his weekly reports.
[3] We believe that the decision must be set aside and the matter referred to the Chief Umpire for him to have it sent back to a new Board of Referees for a reconsideration according to law and all the facts.
"Louis Marceau"
J.A.
Date: 19980622
Docket: A-474-97
CORAM: MARCEAU J.A.
LINDEN J.A.
ROBERTSON J.A.
BETWEEN:
JACQUES CARPENTIER
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia, on Monday, June 22, 1998.
Judgment rendered from the Bench on Monday, June 22, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
FEDERAL COURT OF APPEAL
Date: 19980622
Docket: A-474-97
BETWEEN:
JACQUES CARPENTIER
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
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