The appellant challenged an order holding that findings of an Umpire under the Unemployment Insurance Act barred his constructive dismissal action against his public-sector employer.
The Court of Appeal held that the Umpire had decided the same factual issue central to the civil action, namely whether the employer had just cause based on simultaneous full-time employment and duplicate expense claims.
The court further held that a discharge after a criminal preliminary inquiry does not determine the same issue because it addresses only whether sufficient evidence exists to commit for trial.
Although courts retain discretion to refuse issue estoppel where its application would cause unfairness or injustice, the appellant failed to demonstrate any actual unfairness in the procedures before the Board of Referees and the Umpire.
The appeal was dismissed with costs.
