Canada ( Attorney General ) v. Boulton
A-45-96
Robertson J.A.
18/12/96
5 pp.
Application to set aside Umpire's decision with respect to claimant's disqualification under Unemployment Insurance Act, s. 28-Respondent's employment terminated in October 1993 after being found "under influence of alcohol" while at work-Claim for U.I. insurance benefits denied by Commission on basis claimant lost job as result of own misconduct-Claimant filing grievance through union-Grievance resolved on basis of settlement-Board of Referees ruling agreements including "without prejudice" clause not admissible as proof loss of employment not due to misconduct-Concluding claimant properly disqualified from receiving benefits under s. 28-Umpire holding settlement agreement admissible, setting aside Commission's decision disqualifying claimant-Umpire erred in relying on existence of grievance settlement between employer and claimant to find employer had withdrawn previous submissions claimant lost employment by reason of own misconduct-Mere existence of concluded settlement agreement not of itself determinative of issue of whether employee dismissed for misconduct-Nothing in settlement agreement to infer employer withdrew allegation of misconduct against claimant-No evidence settlement agreement could be used to contradict earlier finding of misconduct-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28(1).