IN THE MATTER of the EMPLOYMENT INSURANCE ACT
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IN THE MATTER of a claim by
G.N.
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IN THE MATTER of an appeal to an Umpire by the claimant from a decision by the Board of Referees given on October 13, 2009 at Barrie, Ontario.
The Honourable R.J. Marin
This claimant appeal was heard in Barrie on October 13, 2010.
The claimant was disqualified from benefits as a result of the Commission's ruling he had voluntarily left his employment. In addition, it was noted he did not have the sufficient number of insurable hours required to receive benefits.
The second issue was not addressed by the Board, and I do not propose to do so in my decision.
I am compelled to return this appeal to a differently constituted Board because of the Board's absence of comment in relation to the Record of Employment filed. There is inconsistency in the file; the Record of Employment at Exhibit 3 states the claimant was allowed to leave the company which was downsizing and a pay adjustment was required. Subsequently, the employer gave a different version of events.
The Board must look at all the documentation, including any irregularity in the employer's position. It erred in straying over the issue of voluntary leaving, possible dismissal for misconduct, but failed to address the inconsistencies in the file. The Record of Employment and the reasons offered by the employer must be reconciled. The Board can select the version it prefers but must support its choice.
The appeal is allowed. I return the matter to a differently constituted Board with the directive it attempts to reconcile the inconsistency in the evidence of the employer. I direct the impugned decision be removed from the file.
R.J. MARIN
UMPIRE
OTTAWA, Ontario
November 1, 2010