A-448-96
DÉCARY, J.A.
McDONALD, J.A.
B E T W E E N:
DONNA MCFARLANE
Applicant
-and-
HER MAJESTY THE QUEEN
Respondent
HEARD at Toronto, Ontario, Wednesday, May 28, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Wednesday, May 28, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
A-448-96
DÉCARY, J.A.
McDONALD, J.A.
B E T W E E N:
DONNA MCFARLANE
Applicant
-and-
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario,
on Wednesday, May 28, 1997)
STONE. J.A.:
This application seeks to have reviewed and set aside a decision of an Umpire under the Unemployment Insurance Act, which upheld a decision of the Board of Referees that the applicant had left her employment without just cause.
The issues before the Umpire as before the Board of Referees were whether the applicant had "just cause" for voluntarily leaving her employment having regard to all the circumstances including particularly those described in paragraphs 28(4)(a) and (j) of the Act. Those paragraphs read:
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28(4) For the purpose of this section "just cause" for voluntarily leaving an employment exists where having regard to all the circumstances, including any of the following circumstances, the claimant had not reasonable alternative to leave the employment |
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(a) sexual or other harassment; |
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(j) antagonistic relations between an employee and a supervisor for which the employee is not primarily responsible. |
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It is apparent, in our view, that the learned Umpire did not explicitly address the question of whether the circumstances were such as to fall within paragraph 28(4)(a). That being so, the matter should be remitted for determination of that issue.
The s. 28 application will be allowed, the decision of the Umpire of April 15, 1996, set aside and the matter referred back to the Chief Umpire or to an Umpire designated by him for determination of whether there existed circumstances as described in paragraph 28(4)(a) of the Act and, if there were, whether the applicant had "just cause" for leaving her employment.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-448-96
STYLE OF CAUSE: DONNA MCFARLANE
- and -
DATE OF HEARING: MAY 28, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: STONE, J.A.
Delivered from the Bench at Toronto, Ontario
on Wednesday, May 28, 1997
APPEARANCES:
Ms. Kristin A. Eliot
For the Applicant
Mr. Robert H. Jaworski
For the Respondent
SOLICITORS OF RECORD:
Racioppo, Zuber, Coetzee, Dionne
Barristers and Solicitors
574 Princess Street, Suite 201
Kingston, Ontario
K7L 1C9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: A-448-96
Between:
DONNA MCFARLANE
Applicant
- and -
Respondent
REASONS FOR JUDGMENT OF THE COURT
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