CUB 14091
JUDGMENT OF THE FEDERAL COURT OF APPEAL
Date:
May 3, 1988
Docket:
A-866-87
Umpire's Decision:
CUB 14091
CORAM :
MAHONEY, J.
MARCEAU, J.
DESJARDINS, J.
IN THE MATTER OF THE Unemployment Insurance Act, 1971 and a claim to benefits by Deborah A. Boone;
IN THE MATTER OF an appeal to an Umpire by the Canada Employment and Immigration Commission from the Decision of a Board of Referees given at Saint John, New Brunswick on January 22, 1987;
IN THE MATTER OF an Originating Notice under Section 28 of the Federal Court Act;
BETWEEN :
THE ATTORNEY GENERAL OF CANADA,
applicant,
-and-
DEBORAH A. BOONE,
respondent.
Heard in Fredericton, New Brunswick, On Tuesday, May 3, 1988.
REASONS FOR JUDGMENT OF THE COURT
(Rendered from the Bench at Fredericton, New Brunswick,
on Tuesday, May 3, 1988)
MAHONEY, J.
This section 28 application seeks to set aside the decision of an Umpire which concluded that a balance of $14,132.90 was to be allocated as earnings from employment under s. 58(5)(a) of the Unemployment Insurance Regulations during a benefit period established for the Respondent. The Applicant says the Umpire erred in a number of particulars and that the correct amount to be allocated is $21,375.60.
The earnings to be allocated arose out of the Respondent's successful action for declaratory relief and the settlement of proceedings under the Canadian Human Rights Act and public service employment legislation following her dismissal as a probationary employee of the federal government. Having heard the parties, we are satisfied that the correct amount to be allocated is $21,340.60.
Only one of a number of errors requires comment. The Umpire excluded $11,465.18 source deductions for income tax and like items from the earnings. That was a clear error, vid. McCombe v. A.G.C., [1978] 2 F.C. 746.
This section 28 application will be allowed. The decision of the Umpire will be set aside and the matter referred back to the Umpire for reconsideration on the basis that the amount to be allocated is $21,375.60.
"P.M. MAHONEY"
J.F.C.C.