Decision 39569

Case Number Claimant Judge Language Decision date
Decision 39569   Joyal  French 1997-11-27
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  extension  payments under provincial law 

Summary:

Commission refused to extend the benefit period because the claimant could have demanded the difference between the benefit rate ($245/wk) and the preventative withdrawal settlement rate ($222/wk). The Board of Referees set aside this decision. Umpire found that subsection 9(7) does not apply to this case. The claimant was entitled to receive unemployment insurance benefits, since the amount of his settlement was less than his unemployment insurance benefits. The Board thus erred in its interpretation of this provision.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  board of referees  errors in law  misinterpretation of provision 

Summary:

Commission refused to extend the benefit period because the claimant could have demanded the difference between the benefit rate ($245/wk) and the preventative withdrawal settlement rate ($222/wk). The Board of Referees set aside this decision. Umpire found that subsection 9(7) does not apply to this case. The claimant was entitled to receive unemployment insurance benefits, since the amount of his settlement was less than his unemployment insurance benefits. The Board thus erred in its interpretation of this provision.


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