IN THE MATTER of the UNEMPLOYMENT INSURANCE ACT
and
IN THE MATTER of a claim for benefits by
KATHERINE KLASSEN
and
IN THE MATTER of an appeal to an Umpire by the Claimant from the decision of a Board of Referees given at New Westminster, British Columbia on June 26, 1998
DECISION
THE HONOURABLE R.E. SALHANY, Q.C., UMPIRE
This appeal was heard at Vancouver, British Columbia on Wednesday, September 27, 2000 in conjunction with the appeals of George Klassen, Anna Klassen, Adrien Cyr, Leslie Taylor, Gordon Hampton and Allen Hampton since the issues in all of these cases arise out of the same business operation and are essentially the same. The facts have been outlined in the appeal of George Klassen and need not be repeated here.
For the reasons which I gave in the case of George Klassen, I am of the view that the appeal as to penalty must be allowed and the penalty set aside. I am also of the view that the appeal must be allowed with respect to the issue of whether the appellant was employed and whether she was available for work and the matter remitted back to a Board of Referees differently constituted to rehear the appeal.
R.E. Salhany
Umpire
Dated at Kitchener, Ontario this 12th day of October, 2000.