Decision 13015

Case Number Claimant Judge Language Decision date
Decision 13015   McNair  English 1986-12-30
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:

Rehired part-time 4 days following lay-off from full-time employment. A person who has been laid off but subsequently reinstated at reduced working hours and earnings is entitled to UI only if 7 or more consecutive days without work and earnings. Overpayment: $7150.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  conditions required  reduction in hours 

Summary:

GIGUERE referred to. For want of a regulation the reduction of work and earnings amendment to the Act is lost. The social purpose of the legislation is effectively defeated.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  new facts  with diligence 

Summary:

Surely, there must be some responsibility on the Commission to act promptly and with reasonable diligence so as to minimize overpayments. Claimant acted bona fide. Technically, the law is against him but the equities are all on his side.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim  overpayment  authority to write off 

Summary:

Regrettably, I have no jurisdiction to write off the overpayment. This power is in the exclusive jurisdiction of the Commission, and may not be exercised by a Board or an Umpire. The blame for the sizeable overpayment lies with the Commission.


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

Summary:

Rehired part-time 4 days after lay-off and reported his earnings without fail for the following 8 months. No interruption of earnings. Overpayment: $7150.


Date modified: