Canada ( Attorney General ) v. Jewell
A-236-94
Robertson J.A.
24/10/94
3 pp.
Application for judicial review of Umpire's decision respondent wrongfully dismissed -- Respondent, teacher, confronted, in college setting, with student conducting himself in obnoxious manner -- Calling him "asshole" in retaliation-Unemployment Insurance Commission disqualifying respondent under Unemployment Insurance Act, s. 28(1) as employment terminated for misconduct -- Appeal to Board of Referees dismissed -- Appeal to Umpire allowed -- Umpire concluding respondent wrongfully dismissed-Addressing wrong question -- Proper question asked by Commission, Board whether respondent lost employment because of own misconduct-If necessary mental element absent, conduct complained of will not be characterized as misconduct under s. 28 -- S. 28 applicable so long as employer satisfied misconduct complained of warranted dismissal, even if subjective assessment could not be sustained as defence in wrongful dismissal action -- Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28(1).