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Add a filter on Committee Evidence - HUMA-50
Committee Evidence - HUMA-50
2011-03-22
Candice Hoeppner - 11:41
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:41
...More
Thank you for being here today to provide us with information.
I expect that since you are here, you will be able to answer most of the questions raised by witnesses on March 3. Among these questions there are a certain number that are particularly compelling and require answers.
Let us take the example of a situation where a work conflict has been settled but where certain employees do not return to work on the prescribed date because of certain provisions in the back-to-work agreement. According to a standard that was established—we do not really know by whom—as long as 85% of workers have not returned to work, the conflict is considered still active. That is why the commission refuses to grant benefits. Where does that standard come from?
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Labour disputes
Vice-Chair
Paul Thompson - 11:42
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:42
...More
Indeed.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:42
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:42
...More
Who came up with those guidelines?
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:43
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:43
...More
Could you find that out and send us the answer?
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:43
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:43
...More
The guideline states that the conflict is not considered to have been settled as long as 85% of workers have not returned to work.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:43
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:43
...More
You could check that. However, for the unemployed person, for the person who has not returned to work, it is more than an administrative matter: it is a matter of survival.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:43
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:44
...More
So, you could check on this.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:44
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:44
...More
In certain cases, we have seen that when the Board of Referees hands down a decision favourable to the worker, sometimes the commission appeals the decision to the umpire.
We know that when that appeal is filed 21 days or more after the decision date, the claimant can receive benefits. If this is done before that 21-day period has elapsed, the claimant is not entitled to benefits. Is that correct? Are you aware that the commission has filed appeals before those 21 days have passed, in several cases? And when the hearing before the umpire comes up, the commission withdraws its appeal and the effect of that is that it deprives the claimant of benefits during that entire period.
Are you aware of that? Do you think this procedure should be corrected?
...Less
Administrative tribunals
Appeals and appeals officers
Canada Employment Insurance Commission
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Paul Thompson - 11:44
Éric Giguère - 11:45
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:45
...More
Could these things not be checked out earlier to avoid having the unemployed person wait so many months? Often, the withdrawal is filed in the days that precede the hearing before the umpire.
...Less
Administrative tribunals
Appeals and appeals officers
Canada Employment Insurance Commission
Employment insurance
Employment Insurance Boards of Referees
Employment Insurance umpires
Vice-Chair
Éric Giguère - 11:45
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:46
...More
If you happen to have answers that could mitigate these adverse effects, it would be good to share them with the committee so that we can take them into account in our report.
In another connection, something else was drawn to the attention of our committee. Sometimes, hearings before the Board of Referees had to be rescheduled because the recording equipment is obsolete. People go before the umpire, the counsel or the prosecutor has prepared his case, but the testimony turns out to be inaudible.
Are you aware of that? Are you taking any steps? This has happened more than once.
...Less
Administrative tribunals
Appeals and appeals officers
Employment insurance
Employment Insurance Boards of Referees
Sound recording media
Vice-Chair
Paul Thompson - 11:47
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:47
...More
Our speaking time is limited, and I would like to hear your thoughts on another aspect before the end of our work here.
The appointment of arbitrators is political; this is the minister's responsibility and that is fine. However, we are aware that certain arbitrators are very good and others are not. Witnesses who have appeared here have said that they would go so far as to question the cognitive faculties of one particular person to do the work.
Do you have a mechanism to assess the competence of the heads of boards of referees, to see whether they can discharge their duties properly?
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Staffing
Vice-Chair
Candice Hoeppner - 11:48
Candice Hoeppner - 11:54
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 11:54
...More
Yes, I will be brief.
Our colleague Mr. Komarnicki is right about one thing: we don't study the way in which chairs of boards or umpires are appointed. We should at least see whether those who are appointed were part of the machine and whether we should be reviewing this at the same time. Indeed, this can have repercussions on the work of the tribunals. This is something that has to be examined with Mr. Martin.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Employment Insurance referees
Employment Insurance umpires
Points of order
Political appointments
Vice-Chair
Candice Hoeppner - 11:55
Candice Hoeppner - 12:18
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 12:18
...More
I would like to continue speaking about the Board of Referees. We know that everyone who sits on such a board is important. There is an arbitrator for employers and one for the unions or the worker. If there is a difference of opinion between the two, the chairperson will adjudicate.
So it is very important that the chairperson's qualifications be a known quantity. However when it can take a half hour if not an hour to summarize the situation for the chair, as we have heard here, for instance, there is a problem. Is there some way of proceeding, aside from action on the part of the two arbitrators, so that this can get to you and you could intervene? If the arbitrators intervene, that can also go against them, because they also have to be ratified.
...Less
Administrative tribunals
Appeals and appeals officers
Arbitration and arbitrators
Decision-making process
Employment insurance
Employment Insurance Boards of Referees
Employment Insurance referees
Vice-Chair
Paul Thompson - 12:19
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 12:19
...More
I understand your position well. This is not your responsibility. If the person was appointed for three years, as is the custom, we are stuck with that person for three years whatever their level of competence might be.
...Less
Administrative tribunals
Appeals and appeals officers
Employment insurance
Employment Insurance Boards of Referees
Employment Insurance referees
Political appointments
Vice-Chair
Paul Thompson - 12:20
BQ (QC)
Yves Lessard (Chambly—Borduas)
2011-03-22 12:20
...More
Mr. Komarnicki raised something I would like to bring up again.
...Less
Administrative tribunals
Employment insurance
Employment Insurance Boards of Referees
Vice-Chair
Candice Hoeppner - 12:20
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