The Telecommunications Workers Union (TWU) counsel appeared before the Federal Court of Appeal on January 11, 2010,

in relation to the judicial review regarding the Alberta Employment Insurance appeals stemming from the 2005 dispute between the TWU and Telus.  The Federal Court of Appeal granted, with costs, a judicial review of the Umpire’s January 23, 2009, decision in the *Kreider, King & Palmer case that effectively set aside the February 1, 2006, decisions of the Board of Referees.  The court agreed that the Umpire had breached its duty of fair procedure.  This means that:

1.    The February 1, 2006, decisions of the Board of Referees are restored until a final decision is made;

2.    The Umpire must reconsider the appeals of the February 1, 2006, decisions of the Board of Referees consistent with the Federal Court of Appeal’s reasons as set out in its November 26, 2008, judicial review decision, and in compliance with its duty of fair procedure per the decision of the Court;

No dates have been determined at this time.  The TWU will keep members updated as soon as the information becomes available.

*Background:  During the Labour dispute in 2005, many TWU members filed for Employment Insurance benefits.  A small amount of claimants were accepted, but many were denied on the basis that claimants involved in a Labour dispute were not entitled to EI benefits.  Kreider, King & Palmer are just three claimants that were denied benefits, and are appealing that decision