EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Nguyen
A-516-99
2001 FCA 348, Strayer J.A.
15/11/01
4 pp.
Application for judicial review of Umpire's decision under Employment Insurance Act--Respondent discharged from position as "Associate" at Casino Niagara--Subsequently denied benefits under Employment Insurance Act, s. 30(1) on ground lost job due to own misconduct--Majority of Board of Referees upheld Commission's decision--On appeal Umpire set aside majority decision of Board on ground unreasonable in view of evidence before Board--Umpire erred in setting aside Board's decision as "unreasonable in view of the evidence"--Erred in law in deciding as matter of law behaviour of respondent could not amount to misconduct as not within definition in Harassment Policy of Casino--Umpire took too narrow view of employer's rules on harrassment--Policy as transmitted to all employees not requiring express objection, complaint if conduct ought reasonably to be known to be unwelcome--Ample basis in law for Board to conclude behaviour in question prohibited by employer--Umpire could not say Board committed reviewable error of fact--Nothing "unreasonable" about factual conclusions--Latter cannot be set aside even if Umpire, Court might have reached different conclusion on same evidence--Application allowed--Employment Insurance Act, S.C. 1996, c. 23, s. 30(1).