EMPLOYMENT INSURANCE |
Canada (Attorney General) v. Buchanan
A-70-02, A-68-02
2003 FCA 51, Sharlow J.A.
30/1/03
5 pp.
Respondents in both applications for judicial review employees of Cavendish Farms in Prince Edward Island (P.E.I.)--Work 42 hours per week over eight-week cycle on average--Due to shut-down, respondents missed three 12-hour shifts--Claim for employment insurance benefits denied on basis Employment Insurance Act, s. 11(4) deemed they had worked full week, but Board of Referees, Umpire holding s. 11(4) not applicable--Crown now seeks judicial review of Umpire's decisions--S. 11(4) applies only if respondents regularly work greater number of hours, days or shifts than normally worked in week by persons employed in full-time employment--Board accepting standard work week in P.E.I. 48 hours pursuant to Employment Standards Act, s. 15--Umpire held strong and cogent evidence before Board supporting factual conclusion as to number of hours in normal work week--Could not conclude Board erred in law in finding s. 11(4) not applicable--Court agreed with Umpire--Board could not have concluded respondents worked more hours in each week than persons employed in full-time employment because no evidence normal number of hours worked by person in full-time employment 40 hours--Applications for judicial review dismissed--Employment Insurance Act, S.C. 1996, c. 23, s. 11(4)--Employment Standards Act, R.S.P.E.I. 1988, c. E-6.2, s. 15.