Federal Court Decision #A-584-95 - LAU, C., JOHN v. THE ATTORNEY GENERAL OF CANADA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
November 7, 1996

Docket:
A-584-95

Umpire's Decision:
CUB 28779

CORAM :

STONE J.A.
STRAYER J.A.
ROBERTSON J.A.

BETWEEN :

JOHN C. LAU,

applicant,

-and-

THE ATTORNEY GENERAL OF CANADA,

respondent.

REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto,
Ontario, on November 7, 1996)

STRAYER J.A.:

We are all of the view that the application for judicial review must be dismissed.

We are unable to find that the learned Umpire committed any reviewable error. The main argument of the applicant is that he had just cause for leaving his job because there had been a change in his work duties after he was hired. He argues that either this comes within the statutory examples of just cause, in particular paragraph 28(4)(i) of the Unemployment Insurance Act which includes among possible instances of just cause for quitting "significant changes in work duties". Alternatively he argues that this change of duties, namely the obligation to do cutting of vegetables, meats, etc. while conversing with customers and to clean up, amounted to constructive dismissal. He also contends he was overworked and the pay was too low.

It appears to us that there was evidence upon which the Umpire here could uphold the Board of Referees view that there had been no such change of duties or of conditions of employment. The employer in an interview had stated that Mr. Lau was aware of what the job entailed when he was hired, including socializing with the customers while working, and what the wages were. The Board of Referees, and the Umpire on appeal, were entitled to accept that evidence and there is no basis upon which this Court should reject their findings of fact on judicial review.

The application should therefore be dismissed.

B.L. Strayer
J.A.