TRANSLATION
IN THE MATTER OF THE EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim for benefits by
YVES BERNIER
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IN THE MATTER of an appeal to an Umpire by the employer, Maison la frontière, from a decision
by the Board of Referees given on September 26, 2000 in St-Romuald, Quebec
DECISION
ROULEAU, UMPIRE
The employer is appealing the decision of the Board of Referees given on September 26, 2000, citing a denial of natural justice. He submits that because of circumstances beyond his control, he was ten minutes late for the hearing and that despite his insistence the Board of Referees refused to hear him.
Counsel for the claimant submits that the employer arrived nearly an hour late while the Board of Referees was almost finished. It would seem that he had not attempted to advise the Board of his late arrival.
In this case, the employer's notice of appeal was received by the Commission on February 21, 2001, that is after the expiration of the deadline prescribed by the legislation. In his letter of February 19, 2001, the employer's representative submits that his client had sent in an appeal notice directly on October 16, 2000 since no counsel was representing him at that time. There is, however, no evidence that the Commission ever received that appeal notice.
Following an intensive examination of the file, I am not satisfied that there is any reason to prolong the appeal period in this case. The employer did not submit any evidence to the effect that he had really lodged an appeal on October 16, 2000.
When Parliament drafted the Act, it established certain deadlines which must be observed. In this case, I consider that the employer did not act diligently on two occasions, that is by arriving late at the hearing before the Board of Referees and then by not lodging his appeal to the Board of Referees within the prescribed deadline.
For these reasons, the employer's appeal is dismissed.
P. ROULEAU
UMPIRE
OTTAWA, Ontario
May 14, 2001