| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Summary:
There are 4 indicia of an employment relationship: (1) the employer's power of selection of his employee; (2) the payment of wages or other remuneration; (3) the employer's right to control the method of doing the work; and (4) the employer's right of suspension or dismissal.
While it may be necessary to find a promise of eventual reward (remuneration) in order to have an employment relationship, as was held in BERUBE, a promise of reward or advantage alone is not enough to establish an employment relationship.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
evidence new |
|
Summary:
I do not think that TAYLOR applies here. Where the Board's decision has been quashed and the Umpire decides to render the decision the Board should have made rather than to send the appeal back for a rehearing, I think ss. 78(1) intended that Umpires might hear new evidence.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
It is important to distinguish between a situation of continued employment under s. 37. In the case of s. 37, there can be continued employment even though no remuneration is paid. In order to be "working" under s. 10 and s. 44, an employment relationship must exist.
