UNEMPLOYMENT INSURANCE |
Krock v. Canada (Attorney General)
A-284-99
2001 FCA 188, Evans J.A.
4/6/01
5 pp.
Application for judicial review of Umpire's decision applicant not eligible to receive pregnancy benefits during weeks to which Commission allocated her severance pay in accordance with Unemployment Insurance Regulations, s. 58(9)--Applicant's employment terminated on December 13, 1994 when employer abolished position in which employed--Last pay period ending on January 15, 1994--In lieu of notice, applicant was paid lump sum equal to approximately year's salary--Applicant's claim for pregnancy benefits refused as, at relevant time, payment made to her as compensation for salary she would have earned if given adequate notice, elected to work out notice--Since receipt of wages operates as general bar to, reduction of, all unemployment insurance benefits, provisions rendering her ineligible not discriminatory on ground of sex--Court not concerned with desirability of extending benefits in manner sought--Applicant has not established breach of Charter, s. 15--Application dismissed--Unemployment Insurance Regulations, C.R.C., c. 1576, s. 58(9) (as am. by SOR/89-550, s. 1)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.