Federal Court Decision #A-245-96 - COLIN, ROY, MURRAY v. THE ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
April 25, 1997

Docket:
A-245-96

Umpire's Decision:
CUB 32458

CORAM:

STRAYER, J.A.
MacGUIGAN, J.A.
McDONALD, J.A.

BETWEEN:

COLIN ROY MURRAY,

applicant,

- and -

THE ATTORNEY GENERAL OF CANADA,

respondent.

Heard at Vancouver, BC on Friday, April 25, 1997.

REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, BC
on Friday, April 25, 1997)

STRAYER J.A.:

Despite the able argument of Mr. Sayer we are unable to conclude that the learned Umpire committed any reviewable error of fact or law.

It is regrettable that the Board of Referees did not explain better its conclusion that the claimant lost his employment by his own misconduct. The Board expressly relied only on the fact that the claimant had continued to be late for work in spite of several warnings for being late. The Umpire drew from that conclusion the inference that the Board considered his frequent lateness to be reckless. In our view that inference was as a matter of law and fact open to the Umpire.

The application must therefore be dismissed.

(Sgd.) "B.L. Strayer"

J.A.