EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Dupéré
A-774-99
2001 FCA 83, Létourneau J.A.
22/3/01
2 pp.
Application for judicial review of Umpire's decision affirming board of referees' decision--Defendant simultaneously held two part-time positions with two separate employers: Portneuf CHRS (regional housing and health centre) and CHUQ (Pavillon Hôtel-Dieu de Québec)--From March 7 to September 16, 1997, due to her pregnancy, she exercised right to precautionary cessation of work at Portneuf employment and received benefits from Commission de la santé et de la sécurité au travail (CSST)--During same period, from March 7 to September 3, 1997, defendant continued to work at other part-time employment with Québec CHUQ--On September 22, 1997 defendant filed application for benefits under Employment Insurance Act and maternity benefits paid to her--Defendant not satisfied with benefit rates set by Commission and appealed to board of referees, which ruled in her favour based on Employment Insurance Regulations, s. 14(7)--Umpire upheld board of referees' decision--Umpire and board of referees misinterpreted and misapplied Regulations, s. 14(7), which lays down three essential conditions: insured exercising right to precautionary cessation of work must have accepted less remunerative work from employer; must receive wage supplement under provincial law and wage supplement must paid as consequence of fact insured accepted less remunerative work--As regards Portneuf CHRS employment, defendant did not continue less remunerative work there offered by employer--As to defendant's employment with CHUQ, none of conditions in Regulations, s. 14(7) met and accordingly both Umpire and board of referees erred when applied wording of that subsection to facts of case at bar--Commission right to conclude Act, s. 14 applicable and determining benefit rate--Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 14--Employment Insurance Regulations, SOR/96-332, s. 14.