| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| job creation |
remuneration from another source |
|
|
Summary:
Had earnings from his own business while employed under a job creation project. Although I can sympathize with claimant in having his benefits reduced due to such income, unfortunately this is the scheme set out under the Act and Regulations, which I am powerless to change.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
business returns |
as income |
|
Summary:
The Commission indicated that although claimant's self-employment was determined to be minor in extent, therefore not disentitling him to benefits, the net earnings from the company had to be allocated pursuant to the Regulations. Case sent back to Board for a recalculation.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
business returns |
calculation |
|
Summary:
I am of the opinion that, in a seasonal business such as this, and one in which the income and expenses of the business fluctuate, net income or loss over the entire period in which benefits are paid must be considered, as was stated in CUB 10761.
Seasonal business operated with gain during the season and losses during winter months. The Commission used the monthly statement of earnings and spread these equally over the full and partial weeks in the month. I am not convinced this is correct for a seasonal business.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
business returns |
deductible expenses |
|
Summary:
The Commission used the monthly statement of earnings, bearing in mind that para. 57(6)(c) does not permit the deduction of capital expenditures. Certainly the Regulations do not permit the deduction of amounts for capital expenditures.
