LABOUR RELATIONS |
Bajwa v. Canada
A-89-02
2003 FCA 341, Linden J.A.
17/9/03
4 pp.
Applicant employed by travel agency from September 1997 to December 1999--On November 15, 1999, applicant filled out application for employment with Dylan Ryan Telemarketing (employer)--Applicant attended what he thought was training session that day--Later, same day, applicant left premises and did not return--Then, applicant applied for employment insurance--Applicant denies that he was ever employed by employer--Respondent argues applicant was indeed employed for day he attended--Record of employment as well as pay cheque introduced in evidence demonstrates applicant in fact employed by employer on day he attended training--Umpire did not err in holding there was no just cause for leaving--Board in advantageous position to make factual findings, owing to its exposure to evidence and benefit of hearing testimony viva voca--Umpire did not commit any reviewable error--As for penalty imposed for providing false information, no reasons given by Board upon which Board could base its finding applicant knowingly misled Commission, even though Umpire, also without reasons, upheld that finding--Applicant, though technically employed, not shown to have knowingly lied about it-- Applicant never picked up salary cheque, probably because he did not believe he had earned anything--In conclusion, application on issue of disqualification dismissed--On issue of penalty for false statements imposed, and notice of violation, application allowed.