Bill 29 and Employment Insurance (EI) Appeals
Unions appeal Board of Referees’ decision
The Hospital Employees’ Union and the B.C. Government and Service Employees’ Union have appealed against the Board of Referees’ decision confirming the earlier ruling by the Employment Insurance (EI) Commission that Bill 29 settlement payments were “employment earnings”. Therefore, the Board of Referees upheld the overpayment notices issued to affected workers.
The
unions have confirmed with the EI Commission that no collections will occur
until after the Umpire hearing the appeal has issued a decision.
No
date has been set for the appeal hearing with an Umpire, but is expected to be
scheduled toward the end of 2010 or early in 2011.
CRA issues hardship kits
In
front of the Board of Referees, HEU and BCGEU argued that the money paid to
workers as a result of the Bill 29 settlement agreement was not employment earnings
because it was paid to address serious charter violations by the government’s
decision to implement Bill 29.
Despite
rejecting the appeal, the Board of Referees did urge the EI Commission to
exercise its discretion to forgive the overpayments given the undue hardship on
the claimants and because to collect would “sully the reputation of the
Commission.”
The
unions sent a letter asking the EI Commission for this consideration. In
response, the Commission told the unions that the Canada Revenue Agency (CRA)
will make a determination on hardship on a case-by-case basis.
This
is why affected workers will receive soon, or have already received, a letter
and questionnaire directly from the CRA.
The unions strongly encourage affected workers to complete and return the CRA
questionnaire regarding hardship because it is a necessary step toward having
any overpayment forgiven.
Members must decide on whether or not
to reply to the CRA letter. If they are going to reply, they must do so within 30
days of receiving the CRA letter.
More information will be posted as it becomes available.
