Federal Court Decision #A-313-89 - WILLIAM, CLEGG v. UMPIRE

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
May 10, 1990

Docket:
A-313-89

Umpire's Decision:
CUB 16500

CORAM:

THE CHIEF JUSTICE
PRATTE, J.A.
MAHONEY. J.A.

BETWEEN:

WILLIAM CLEGG,

applicant,

- and -

THE UMPIRE AS CONSTITUTED UNDER SECTION 77
OF THE UNEMPLOYMENT INSURANCE ACT, 1971,

respondent,

Heard at Vancouver, B.C. on Thursday, May 10, 1990.

REASONS FOR JUDGMENT OF THE COURT
(Rendered from the Bench at Vancouver, B.C.)
on Thursday, May 10, 1990)

MAHONEY, J.A.:

The Applicant was dismissed and grieved, seeking reinstatement. He applied for and was paid unemployment insurance benefit. He was offered and, for a time, refused to accept a lump sum payment in consideration of abandoning the grievance. Prior to the hearing by the Umpire, the Applicant had accepted the offer.

We doubt the correctness of the learned Umpire’s finding that the monies were payable prior to acceptance of the offer so as to be allocable as earnings from employment. That said, the Umpire cannot be said to have erred in the result. He was entitled to take account of the subsequent acceptance. Once the offer was accepted, the monies were certainly payable and were subject to allocation exactly as they may have been prematurely allocated.

Counsel for the Respondent acknowledge a mechanical error in the allocation of holiday pay, not subject of appeal, and the settlement monies. We accept his undertaking that this will be rectified.

This s.28 application will be dismissed.

(sgd.) "Patrick M. Mahoney"

J.A.