CORRESPONDING FEDERAL COURT DECISION: A-1052-82
TRANSLATION
IN THE MATTER of the Unemployment Insurance Act, 1971
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IN THE MATTER OF a claim for benefit by
DANCAUSE, Arthur
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IN THE MATTER OF an appeal to an Umpire by the Commission
from the decision of a Board of Referees given at
LaSalle, Baie Comeau, on May 8, 1981
DECISION
DUBÉ, J.:
In this case, the Federal Court of Appeal allowed an appeal by the Attorney General of Canada from an Umpire's decision and sent the case back to the Chief Umpire for a decision or to have it decided on by another Umpire, bearing in mind that Section 49 of the Unemployment Insurance Regulations requires that, to be "bona fide employed" for the purposes of paragraph 44(1)(b) of the Unemployment Insurance Act, 1971, means genuinely employed in employment of not less than two weeks duration.
According to established custom, the registrar of the Umpire contacted the parties in question to invite them to make further submissions following this decision by the Court of Appeal. The two parties declined and the Chief Umpire asked me to settle the issue. The paragraph in question reads as follows:
"Sec. 44(1) A claimant who has lost his employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which he was employed is not entitled to receive benefit until:
...
(b) he becomes bona fide employed elsewhere in the occupation that he usually follows,
Section 49 of the Regulations reads as follows:
"Sec. 49 For the purposes of paragraph 44(1)(b) of the Act, 'bona fide employed means genuinely employed in employment of not lees than two weeks duration."
Since the claimant did not work for two consecutive weeks, he does not meet the requirements of Section 49 of the Regulations, and therefore paragraph 44(1)(b) of the Act.
Therefore, the Commission's decision is upheld to the effect that the claimant is not entitled to receive benefits.
J.E. DUBÉ
Umpire
OTTAWA
October 12, 1984