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EMPLOYMENT INSURANCE

Judicial review of decision by Board of Referees regarding respondents dismissalRespondent working for Human Resources Development Canada (HRDC) when dismissed Respondent held position of insurance officer level II Dismissal occurred after placed himself in conflict of interest situationRespondent familiar with contents of HRDC Code of Conduct, code of conduct for Public Service as well as directives issued by employer, which he contravened Arbitrator responsible for considering grievance filed by respondent against dismissal confirmed respondent in conflict of interest when used information obtained in performance of duties for own benefitGrievance arbitrator ruled respondent failed to disclose nature of activities to employer as required under Code of ConductIssue before Board of Referees, Umpire whether respondents actions constituted misconduct within meaning of Employment Insurance ActNo doubt serious faults by respondent constituted misconduct within meaning of ActBoard of Referees erred in restricting analysis to only one of faults alleged against respondent when more than one incident provided reason for dismissal Ignored relevant evidence in record, including evidence of serious breaches of Code of Conduct and evidence of breach of trust relationship with employerError led board to make second error, i.e. finding action not deliberate when repetition of similar contraventions tends to contradict such finding Requirement only that actions be conscious, on that point no doubt in this caseFinally, board of referees erred when said no breach of a duty that is express or implied in the contract of employment and that breach not of such scope that its author could normally foresee that it would be likely to result in his dismissal”—Confronted with these errors, Umpire should have intervenedRather made issue purely an issue of credibility, whereas concept of misconduct within meaning of Act involved question of lawApplication allowed Respondent disqualified from receiving benefits for loss of employment by reason of misconduct within meaning of Act, s. 30Employment Insurance Act, S.C. 1996, c. 23, s. 30.

Canada (Attorney General) v. Bellavance (A‑553‑03, 2005 FCA 87, Létourneau J.A., judgment dated 2/3/05, 6 pp.)

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