These members appealed the decision to a board of referees, who determined that they were entitled to EI benefits. The Attorney General’s office appealed the decision by the board of referees to the Office of the Umpire, which upheld the board of referees’ decision granting EI benefits to TWU members who were involved in the dispute. The Attorney General’s office then appealed the Umpire’s decision to the Federal Court of Appeal.

On November 26th, the Federal Court of Appeal heard the Judicial Review in the case of the Attorney General’s Office of Canada versus Palmer, Kreider, and King.

Justices Ryer, Linden and Trudell heard arguments made by legal counsel for the Attorney General, as well as the lawyers of the three individuals, who were supported by the TWU. The Court made no determination on the substantive arguments raised by the Attorney General’s office and the legal counsels for Palmer, Kreider and King. However, the Court did determine that there were inconsistencies in the reasons given by the Umpire for his decision, which gave the Justices reason to set aside his decision. They have sent the matter back to the office of the Umpire for re-determination.

Many other appeals to the office of the Umpire have been held in abeyance, pending the outcome of the decision of the first set of appeals that have gone through the court system. It will now be up to the office of the Umpire to move forward on the basis of the decision of the Court and deal with the appeals that have been held in abeyance.

Once the TWU receives the written decision of the Court, we will post it on our website.