Date: 19980204

Docket: A-927-96

CORAM:          STONE, J.A. LINDEN, J.A. MCDONALD, J.A.

BETWEEN:

RICHARD GAULT

Applicant

- and -

HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT

Respondents

Heard at Toronto, Ontario, Wednesday February 4, 1998

Judgment delivered from the Bench at Toronto, Ontario, Wednesday February 4, 1998

REASONS FOR JUDGMENT OF THE COURT BY:                                                   STONE, J.A.

CONCURRED BY:                                                                                              LINDEN, J.A. McDONALD, J.A.

Date: 19980204 Docket: A-927-96

CORAM:            STONE J.A. LINDEN J.A. MCDONALD J.A.

BETWEEN:

RICHARD GAULT

Applicant

- and -

HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT

Respondents

REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Wednesday February 4, 1998)

STONE, J.A.:

[1]         The applicant attacks a decision of an umpire who upheld a decision of the Board of Referees to the effect that the applicant had lost his employment on April 21,

Page: 2 1995, by reason of his own misconduct within the meaning of subsection 28(1) of the Unemployment Insurance Act (the "Act"). '

[2]         The applicant was dismissed for failing to submit to testing that was required in order to renew his status with his employer as a certified welder. He had been certified after testing two years previously but the certificate expired on April 21, 1995.

[3]         In our view, the Umpire's interpretation of subsection 28(1) of the Act accurately reflects the existing jurisprudence of this Court. ² We also agree that there was evidence upon which he, like the Board of Referees, could conclude that the applicant was guilty of misconduct and that this caused him to lose his employment. The evidence, indeed, supports the conclusion that the applicant consciously and deliberately refused to comply with his employer's direction to be tested for recertification as a welder and that this was fundamental to his employment as such.

28(1).       A claimant is disqualified from receiving benefits under this Part if he lost his employment by reason of his own misconduct or if he voluntarily left his employment without just cause.

²             Canadav. Bedell (1984), 60 N.R. 115 (F.C.A.); Canada(A.G.) v. Tucker (1986), 66 N.R. 1 (F.C.A.); Canada(A.G.) v. Brissette, [1994] 1 F.C. 684 (C.A.); Canada(A.G.) v. Secours (1995), 179 N.R. 132 (F. C. A.)

[4]         The application will be dismissed.

"A.J. Stone"

J.A.

FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record

DOCKET:       A-927-96

STYLE OF CAUSE:    RICHARD GAULT

- and -

HUMAN RESOURCES DEVELOPMENT CANADA and TELEDYNE SPECIALTY EQUIPMENT

DATE OF HEARING:          FEBRUARY 4, 1998

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR JUDGMENT

OF THE COURT BY:                         STONE, J.A.

DATED:

FEBRUARY 4, 1998

Delivered from the Bench at Toronto, Ontario on Wednesday February 4, 1998

APPEARANCES:                               Mr. Paul Alisauskas

For the Applicant

Mr. Robert Jaworski

For the Respondents

Page 2

SOLICITORS OF RECORD:               Mr. Paul Alisauskas 807-5th Avenue "A" East Owen Sound, Ontario

N4K 2S9

For the Applicant

George Thomson Deputy Attorney General of Canada

For the Respondent

(Human Resources Development Canada)