Date: 19980204
Docket: A-927-96
CORAM: STONE, J.A. LINDEN, J.A. MCDONALD, J.A.
BETWEEN:
RICHARD GAULT
Applicant
- and -
HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT
Respondents
Heard at Toronto, Ontario, Wednesday February 4, 1998
Judgment delivered from the Bench at Toronto, Ontario, Wednesday February 4, 1998
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
CONCURRED BY: LINDEN, J.A. McDONALD, J.A.
Date: 19980204 Docket: A-927-96
CORAM: STONE J.A. LINDEN J.A. MCDONALD J.A.
BETWEEN:
RICHARD GAULT
Applicant
- and -
HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT
Respondents
REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday February 4, 1998)
STONE, J.A.:
[1] The applicant attacks a decision of an umpire who upheld a decision of the Board of Referees to the effect that the applicant had lost his employment on April 21,
Page: 2 1995, by reason of his own misconduct within the meaning of subsection 28(1) of the Unemployment Insurance Act (the "Act"). '
[2] The applicant was dismissed for failing to submit to testing that was required in order to renew his status with his employer as a certified welder. He had been certified after testing two years previously but the certificate expired on April 21, 1995.
[3] In our view, the Umpire's interpretation of subsection 28(1) of the Act accurately reflects the existing jurisprudence of this Court. 2 We also agree that there was evidence upon which he, like the Board of Referees, could conclude that the applicant was guilty of misconduct and that this caused him to lose his employment. The evidence, indeed, supports the conclusion that the applicant consciously and deliberately refused to comply with his employer's direction to be tested for recertification as a welder and that this was fundamental to his employment as such.
28(1). A claimant is disqualified from receiving benefits under this Part if he lost his employment by reason of his own misconduct or if he voluntarily left his employment without just cause.
2 Canadav. Bedell (1984), 60 N.R. 115 (F.C.A.); Canada(A.G.) v. Tucker (1986), 66 N.R. 1 (F.C.A.); Canada(A.G.) v. Brissette, [1994] 1 F.C. 684 (C.A.); Canada(A.G.) v. Secours (1995), 179 N.R. 132 (F. C. A.)
[4] The application will be dismissed.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record
DOCKET: A-927-96
STYLE OF CAUSE: RICHARD GAULT
- and -
HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT
DATE OF HEARING: FEBRUARY 4, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: STONE, J.A.
DATED:
FEBRUARY 4, 1998
Delivered from the Bench at Toronto, Ontario on Wednesday February 4, 1998
APPEARANCES: Mr. Paul Alisauskas
For the Applicant
Mr. Robert Jaworski
For the Respondents
Page 2
SOLICITORS OF RECORD: Mr. Paul Alisauskas 807-5th Avenue "A" East Owen Sound, Ontario
N4K 2S9
For the Applicant
George Thomson Deputy Attorney General of Canada
For the Respondent
(Human Resources Development Canada)