CUB 52043

IN THE MATTER of an appeal to an Umpire by the
claimant from a decision by the Board of Referees given
on July 26, 2000 at Alma, Quebec

DECISION

The claimant is appealing the Board of Referees' unanimous decision that upheld the Commission's decision that he could not antedate a claim for benefits to March 19, 2000, since he had failed to prove that, from March 19, 2000 to June 13, 2000, he had a valid reason for being late in submitting his claim for benefits.

From June 6, 1998 to March 18, 2000, the day that he left his job due to a shortage of work, Mr. Bouteille worked as a cook at the restaurant "Au petit bedon". On June 13, 2000, he submitted a request for benefits asking that his claim be antedated to March 19, 2000, stating that he had not received his Record of Employment.

The Commission refused to antedate his request for benefits having determined that he had not shown a valid reason for waiting so long, i.e., from March 19, 2000 to June 13, 2000, to submit his claim.

The claimant appealed this decision before a Board of Referees but was not present at the hearing. In his letter of appeal, he explained that, although he was unsuccessful in obtaining his Record of Employment, he had asked his employer several times for it. He stated that he had submitted his request for benefits as soon as he received the Record of Employment in question.

Having studied the documentary evidence on file, the Board of Referees rendered the following decision:

"In analyzing this case, the Board of Referees had not detected any relevant and valid elements, which could have changed the Commission's decision under the Act and Regulations since, in this case, the claimant could have easily obtained his Employment Record because his employer was his daughter.

Therefore, the Board of Referees unanimously allows the Commission's decision and the claimant's appeal is dismissed." [TRANS.]

The claimant is now appealing this decision before an Umpire and requests that a decision be given on the basis of the file.

Having viewed the contents of the file, I am satisfied that the circumstances of the case justify the length of time that the claimant took in submitting his claim for benefits. It appears that the Commission and the Board of Referees based their decision primarily on the fact that Mr. Bouteille's employer was his daughter, and that consequently there could be no conflict between them. I disagree with that. The family tie, which links the employer to the claimant, does not eliminate the possibility of conflict. In fact, it seems to me that the situation strongly affected the claimant. I also take note of the fact that he immediately submitted his request for benefits as soon as he had received his Record of Employment.

I therefore allow the claimant's appeal and refer this file back to the Commission in order that the claimant's request for benefits be antedated to March 19, 2000.