In the Matter of the Employment Insurance Act,
S.C. 1996, c. 23
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In the Matter of a claim for unemployment benefits by
Norman Dick
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In the Matter of an Appeal by the Claimant
from the decision of a Board of Referees given
at Edmonton, Alberta on May 10, 2001
Appeal heard at Edmonton, Alberta on June 18, 2002
R. C. STEVENSON, UMPIRE:
Mr. Dick appeals from the decision of a Board of Referees dismissing his appeal from the Commission's refusal to extend the time for an appeal from the imposition of a penalty of $13,365 for allegedly failing to report earnings received while in receipt of unemployment benefits.
The Commission imposed the penalty on November 16, 2000. Mr. Dick did not seek to appeal until March 21, 2001.
Section 114 of the Employment Insurance Act provides that a claimant may appeal a decision of the Commission within 30 days after the day on which the decision is communicated to him or such further time as the Commission may in a particular case for special reasons allow.
Mr. Dick is illiterate and is employed in camps at some distance from his home for long periods. During the relevant time period his wife was taking courses in Victoria. They care for two young grandchildren who do not always pick up the mail when Mr. and Mrs. Dick are away.
The Board of Referees said there was no compelling reason for the delay. The test is not whether the claimant's reasons for delay are compelling but rather whether they are special. Rather than send the matter back for re-hearing I will give the decision the Board of Referees should have given.
The explanation given by Mr. and Mrs. Dick, in my view, constitutes special reasons justifying an extension of time. As in CUB 51366 the delay was caused not by carelessness as much as by circumstances over which Mr. Dick had no control.
The appeal is allowed and the extension of time is granted. Mr. Dick's appeal will be scheduled for hearing by a Board of Referees.
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UMPIRE
FREDERICTON, NEW BRUNSWICK
July 26, 2002