EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Gadoury
A-209-04
2005 FCA 14, Noël J.A.
13/1/05
6 pp.
Application for judicial review of Umpire's decision of March 30, 2004, dismissing Employment Insurance Commission's appeal from Board of Referees' decision-- Respondent claimant replacing indeterminate employee away from work temporarily because of illness--Replacement beginning July 24, 2002, and to end March 14, 2003-- Relying on scheduled date of termination of employment, claimant applying for benefits effective March 17, 2003--As result of labour conflict between union and employer, strike occurring shortly before replacement contract to terminate-- Despite termination of replacement contract, claimant remaining on call-back list and actually called back to fill other position 10 days after strike ending--Commission turning down application for benefits on basis claimant lost employment because of work stoppage, therefore ineligible for benefits until May 18, 2003, when work stoppage ended, in keeping with Employment Insurance Act, s. 36(1)--Claimant bringing case before Board of Referees which found loss of employment attributable to end of replacement contract, not to work stoppage--Board, Umpire upholding decision, based essentially on F.C.A. decision in Imbeault v. Canada (Unemployment Insurance Commission) (1984), 68 N.R. 74--Umpire misunderstood effect of Imbeault, still leading case on point--"Particular time" employment lost, according to Imbeault, not time identified by Umpire, but actually when strike began--On February 27, 2003, when strike began, claimant lost employment because of labour conflict-- Conflict, at particular time, only reason for unemployment of claimant--Neither condition ending ineligibility materialized as of March 17, 2003, when benefit claim to take effect-- Therefore, Umpire, Board of Referees erred in finding entitlement to benefits--Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 36.