CUB 61689
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
20051107
Docket:
A-573-04
Citation:
2005 CAF 369
Umpire's Decision:
CUB 61689
"TRANSLATION"
CORAM :
RICHARD C.J.
DÉCARY J.A.
NADON J.A
BETWEEN :
THE ATTORNEY GENERAL OF CANADA,
applicant,
-and-
RICKY THIBAULT,
respondent.
Hearing held at Fredericton, New Brunswick, on November 7, 2005.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Fredericton, New Brunswick,
on November 7, 2005)
DÉCARY J.A.:
[1] The umpire and the board of referees before him erred in their interpretation of the legal meaning of the term "misconduct" under section 30 of the Employment Insurance Act.
[2] Although the wrongful acts of which the respondent is accused by his employer might not justify his dismissal and might be grounds for a grievance, that is not the issue before us.
[3] At issue in this case is a loss of employment because of misconduct, namely, speeding, leading to demerit points and the loss of one's driver's licence, the possession of which is an indispensable condition of employment for truck drivers (see Canada (Attorney General) v. Brissette, (C.A.) [1994] 1 FC 684; Granstrom v. Attorney General of Canada, [2003] FCA 485).
[4] The application for judicial review shall be allowed, the decision of the umpire set aside, and the case referred back to the Chief Umpire or his designate for redetermination, on the basis that the claimant lost his employment because of his own misconduct.
"Robert Décary"
J.A.