EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Cooper
A-126-03
2003 FCA 389, Sharlow J.A.
21/10/03
3 pp.
Respondent given unpaid leave of absence from work (requiring him to drive vehicle) after driver's licence suspended for three months--Application for employment insurance benefits denied on basis respondent voluntarily took unpaid leave without just cause--Board of Referees allowed appeal on basis respondent had asked for modified duties, without success--Board concluded, therefore, that respondent not disqualified for benefits under Employment Insurance Act, s. 32--Umpire dismissed appeal on basis Board's decision primarily based on findings of fact supportable on evidence-- Appeal allowed--Cause of respondent's unpaid leave loss of driver's licence because of behaviour that could not possibly lead to conclusion, on any scenario, that he had just cause for taking unpaid leave--Without his licence, respondent could not perform normal duties--Fact he asked for modified duties and was refused irrelevant to his claim for employment insurance benefits--Employment Insurance Act, S.C. 1996, c. 23, s. 32.