Gauthier v. Canada ( Attorney General )
A-6-98
Desjardins J.A.
10/11/98
4 pp.
Application for judicial review of Umpire's decision affirming Board of Referees' decision holding claimant lost employment because of misconduct-Claimant dismissed on July 9, 1996, because, according to employer, claimant cooked frozen chicken in oven, without thawing or washing chicken or removing bag containing giblets-Claimant had already received warning on issue-Word "misconduct" not defined as such in case law-Question of circumstances-Breach of duty must, however, be of such scope author could normally foresee breach likely to result in author's dismissal-Board of Referees had to ask itself whether misconduct sufficiently serious as to constitute misconduct within meaning of Employment Insurance Act, s. 30(1)-However, neither Umpire nor Board of Referees considered question-Application allowed-Employment Insurance Act, S.C. 1996, c. 23, s. 30(1).