Summary of Issue: New Entrant Or Re-Entrant


Decision 76742 Full Text of Decision 76742

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The claimant is disentitled from receiving benefits because she did not have enough insurable hours as per the section 7(3) of the Employment Insurance Act. The claimant had accumulated a total of 567.50 insurable hours in her qualifying period from December 16, 2007, to December 16, 2008. In the 52 weeks before the qualifying period, the claimant accumulated only 231 insurable hours. The claimant is considered a re-entrant to the labour force in accordance with sections 7(3) and 7(4) of the Act. The claimant needed 910 insurable hours to qualify for benefits. The appeal by the claimant is dismissed by the Umpire.


Decision 75943 Full Text of Decision 75943

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The Record of Employment filed by the employer indicated that during his qualifying period the claimant had accumulated 817 (816.75) hours of insurable employment. In addition, during the 52 weeks prior to his qualifying period he had less than 490 hours of insured employment. The claimant's qualifying period was July 20, 2008 - July 18, 2009, during which he had 817 insured hours and during the 52-week period prior to his qualifying period, he had only 8 hours of insured employment. Accordingly, the claimant is considered a new entrant and requires 840 hours of insured employment in order to qualify. The appeal by the claimant is dismissed by the Umpire.


Decision 75539 Full Text of Decision 75539

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The Commission determined that the claimant had not accumulated enough hours of insurable employment to be entitled to benefits. The claimant unfortunately had been seriously ill and without work for some 24 months. He needed to have accumulated 910 insurable hours in order to be entitled to benefits. His return to work was unsuccessful; his employer did not want to keep him on. The claimant wants his qualifying period to be extended. The Commission granted the maximum extension permitted by the Act in respect of the qualifying period, for a total of 104 weeks prior to the benefit. The appeal is dismissed by the Umpire.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension

Decision 74795 Full Text of Decision 74795

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The claimant had been given a penalty pursuant to the Act and a notice of violation was issued. A new entrant or re-entrant will be required to accumulate additional insured weeks in order to qualify if they have a violation within 260 weeks prior to her filing for benefits. In this case the claimant would need 1365 insured hours because she did not have at least 490 hours in the 52 weeks preceding her qualifying period. The claimant requested and ante-date but that still would not give her sufficient hours to qualify for benefits. The appeal by the claimant is dismissed by the Umpire.


Decision 74676 Full Text of Decision 74676

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The claimant applied for regular benefits effective February 15, 2009 after having been employed last from July 28, 2008 to February 13, 2009. The information indicated at her credit 907 hours of insurable employment in her qualifying period of February 17, 2008 to February 15 2009, while as a new entrant she needed 910 hours to qualify for EI benefits. The Board allowed the claimant's appeal on the basis she had submitted proof of having accumulated an additional total of 36 insurable hours of employment from June 22, 2009 to June 26, 2009. The Board erred in fact and in law in crediting 36 more hours of insurable employment accumulated following the commencement of the claimant's benefit period established effective from February 15, 2009. The appeal by the commission is allowed by the Umpire.


Decision 73898 Full Text of Decision 73898

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

This is an appeal by the claimant because she needed 910 insurable hours between January 27, 2008 and March 29, 2009 while she actually had 0 hours. The claimant requested an extension of the qualifying period from 52 weeks to 104 weeks under section 8 of the Act. The qualifying period in paragraph 1(b) cannot be extended. This is because a qualifying period cannot be extended beyond the commencement of a previous benefit period. To permit such an extension would result in counting insurable weeks for employment twice and using them to again qualify for benefits. Once insurable weeks of employment are used to qualify for benefits, they may not be used again. Evidence in this file shows that the claimant had a previous claim that had commenced on January 27, 2008 Therefore, the qualifying period could only be extended back to January 27, 2008 at the maximum. The appeal of the claimant is dismissed.


Decision 73900 Full Text of Decision 73900

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts new entrant or re-entrant
Summary:

The claimant worked for three different employers during the qualifying period which is between March 30, 2008 and March 28, 2009 accumulating a total of 466 hours on insurable employment. As a new entrant to the labour force, the claimant needed 910 hours of insurable employment. The claimant applied for maternity/parental benefits, but pursuant to Regulation 93, the minimum number of hours to qualify for these benefits is 600 and since she accumulated 466 insurable hours, she does not qualify for those benefits either. The appeal by the claimant is dismissed.

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