CUB 29400
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
May 14, 1996
Docket:
A-703-95
Umpire's Decision:
CUB 29400
CORAM :
MARCEAU J.A.
MacGUIGAN J.A.
ROBERTSON J.A.
BETWEEN :
THE ATTORNEY GENERAL OF CANADA,
applicant,
-and-
DUANE MELANSON,
respondent.
Heard at Vancouver, British Columbia, on Tuesday, May 14, 1996.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Tuesday, May 14, 1996)
MARCEAU J.A.:
We are all of the view that this application cannot succeed.
The Attorney General criticises the Umpire for having upheld the conclusion of the Board of Referees to the effect that a payment in vacation pay received by the respondent from his employer a few days before being laid off from employment had to be allocated pursuant to subsection 58(8) of the Unemployment Insurance Regulations and not subsection 58(9) as initially ruled by the Commission. The Board indeed found that the payment had been made "for reasons other than a lay-off or separation from an employment" within the meaning of subsection 58(8). It had not been made in contemplation of the subsequent lay-off of the respondent, which, in the opinion of the Board, was unrelated to it and had been merely coincidental. This finding of the Board, based on a proper interpretation of the provisions of the contract of employment and the acceptance of testimonies respecting a special agreement entered into by the employer and the local union, was strictly a finding of fact, and one that could find support in the evidence. The Umpire had no reason to interfere. This application is clearly without merits.
"Louis Marceau"
J.A.