Canada ( Attorney General ) v. Morris
A-291-98
Robertson J.A.
15/4/99
3 pp.
Application for judicial review of Umpire's decision under Unemployment Insurance Act-Umpire allowing appeal from decision of Board of Referees upholding Commission's determination respondent lost employment due to own misconduct-Umpire erred in holding once employer withdrew allegations of misconduct pursuant to settlement agreement, no factual basis for supporting finding of dismissal for cause-Mere existence of settlement agreement not determinative of whether employee dismissed for misconduct-Board's function to assess evidence, to arrive at own conclusions-Not bound by how employer, employee characterize grounds on which employment terminated-Sufficient documentary evidence available to Commission, Board to justify finding of misconduct-That settlement agreement required employer to withdraw allegation of dismissal for cause not conclusive of whether actually misconduct for purposes for Act-Settlement agreement not including admission by employer, either express or implicit, dismissal for cause not fully justified-Board's sole responsibility to give claimant fair opportunity to comment on, contradict evidence presented by Commission-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1 (as rep. by S.C. 1996, c. 23, s. 155).