IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
DANIEL KOVACS
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IN THE MATTER of an appeal to an Umpire by The Canada Employment and Insurance Commission from a decision of the Board of Referees given at New Westminster, British Columbia on October 6, 1998
DECISION
THE HONOURABLE R.E. SALHANY, UMPIRE
This appeal was heard at Vancouver, British Columbia on July 27, 1999. At issue is whether the Board of Referees erred in finding that the claimant was available for work. The claimant is employed by Canadian National Railway and was on call. He had completed a six months training course to perform the duties of a railway freight conductor. He was employed as on-call conductor for emergencies. This employment is designated as safety sensitive and requires the claimant to have eight hours rest before starting a shift.
The claimant had established a claim for benefits effective June 7, 1998. By August 3, 1998, he was averaging two to three days per week. On this appeal, Mr. Brian Gleason, who represented the claimant stated the claimant now has up to ten shifts a month. He stated that two shifts equal the benefits which the claimant would ordinarily receive.
The Board of Referees concluded that the claimant's part-time employment was career building and that it was unreasonable to expect him, after August 3, 1998, to be seeking other employment.
It is not the function of this court to re-try this case. Although the Umpire might come to a different conclusion on the facts, the decision reached by the Board of Referees was open to them on the evidence. Accordingly, the appeal must be dismissed.
Mr. Gleason, on behalf of the claimant, asked if costs would be awarded to the claimant if successful. The Employment Insurance Act makes no provision for costs of a successful claimant.
R.E. SALHANY
R.E. Salhany
Umpire
Dated at Vancouver, British Columbia on the 27th day of July, 1999.