Meunier v. Canada ( Employment and Immigration Commission )
A-130-96
Décary J.A.
4/10/96
6 pp.
Employer deciding to suspend applicant without pay when latter charged with sexual assault on two little girls-Commission, on ground employment lost by reason of misconduct (Act, s. 28), disqualifying applicant from receiving benefits for period of twelve weeks-Board of Referees, Umpire affirming this decision-Essentially, only evidence in Commission's file employer's account of facts, remarkably vague and speculative-Application allowed-Commission did not do its duty, failed to discharge burden of proving applicant's misconduct within meaning of Act, s. 28-Insufficient to report as-yet-unproven criminal charges laid and to rely on speculation by employer without any other verification-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28.