| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| fishing |
calculation of insured weeks |
|
|
Summary:
The rules stated in ss. 79(7) relate to the allocation in a single operation of all pay from all deliveries of fish handled in a week rather than to the allocation of pay from each of those deliveries.
The fact of having made 2 deliveries in the same week does not reduce the number of weeks of insurable employment, pursuant to ss. 79(6) and (7). No double allocation over the week of delivery. [Conclusion of the Umpire's decision upheld by FC]
The first and last day of employment referred to in ss. 36(6) are not, for a fisherman, only the weeks over which the earnings are allocated, but rather the actual period of employment. [conclusion drawn from p. 11]
The Umpire appears to have been wrong in saying that only ss. 79(6) had to be applied and that no reference to ss. 79(7) was necessary in determining whether claimant had the required number of weeks of insurable employment.
