Decision 74438

Case Number Claimant Judge Language Decision date
Decision 74438   Lagacé/Lagacé  English 2010-05-04
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  filing an application  time prescribed 

Summary:

The claimant's last working day was July 31, 2008. She was absent from Canada during December 2008 and it is only upon her return in January 2009 that applied for EI benefits. Until then she claims she was unaware of her rights to claim benefits. As a result, her initial claim for EI benefits was filed only on January 15. The record of employment was received on February 10. The Commission decided that the claimant did not have good cause in the delay in filing her claim because she made a choice not to apply and/or inquire regarding the benefits she would have been entitled to simply because she assumed wrongly she was on a "forced leave of absence" from a job she would regain as soon as she could pass the certification exams which she failed on three occasions. The Commission considered that it was the claimant's responsibility to enquire about her rights and responsibilities, and to obtain advice about procedures regarding timely and correct filing procedures. The appeal by the claimant is dismissed.


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