Decision 12356

Case Number Claimant Judge Language Decision date
Decision 12356   Strayer  English 1986-07-28
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  rehired within 7 days 

Summary:

Last day worked 5-12, re-employed 12-12. The result is anomalous. Because he had an interruption of earnings of only 6 days he was not initially entitled to claim for benefits. [p. 2-3]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  factual cases  interruption of earnings 

Summary:

8 months involved. Last day worked 5-12, re-employed 12-12. The result is anomalous. Because he had an interruption of earnings of only 6 days he was not initially entitled to claim for benefits. [p. 2-3]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  bonus  retaining one's services 

Summary:

I am satisfied that the stand-by pay must be treated as earnings, that there was at least an oral contract. This arose out of his employment. Under reg. 58(4), these earnings must be allocated to the period of stand-by. [p. 4-5]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  jurisdiction  priority of law 

Summary:

If there is an unfairness, it arises from the provisions of the Act and Regulations which neither the Board of Referees nor an Umpire can alter. [p. 5]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  errors by Commission  not a ground of entitlement 

Summary:

Whether the Commission should have warned him of the 7 days required for an interruption of earnings, the clear provisions of the legislation cannot be overridden by failure in the Commission, if such there was, to communicate those provisions to all potential claimants. [p. 5]


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