Decision A-0367.04

Case Number Claimant Judge Language Decision date
Decision A-0367.04 Stone Sheila  Sexton  English 2006-10-30
Decision Appealed Appellant Corresponding Case
Allowed Majority  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  contract renewed 

Summary:

The Court suggested nine factors to be taken into account to determine if there was a veritable break in the continuity of the employment for the purpose of Regulation 33(2)(a). The Court also warned that this list is no exhaustive, that it should not be applied systematically and, that the circumstances of each case should be carefully weighed. The nine factors to be taken into account are: The length of the employment record; the customs and practices of the teaching field in issue; the receipt of compensation during the non-teaching period; the terms of the written employment contract, if any; the employer's method of recalling the claimant; the record of employment form completed by the employer; other evidence of outward recognition by the employer; and the understanding between the claimant and the employer and the respective duration of the non-teaching period. See also decision A-368-04 (Stone)


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  contract terminating with end of school year 

Summary:

The Court suggested nine factors to be taken into account to determine if there was a veritable break in the continuity of the employment for the purpose of Regulation 33(2)(a). The Court also warned that this list is no exhaustive, that it should not be applied systematically and, that the circumstances of each case should be carefully weighed. The nine factors to be taken into account are: The length of the employment record; the customs and practices of the teaching field in issue; the receipt of compensation during the non-teaching period; the terms of the written employment contract, if any; the employer's method of recalling the claimant; the record of employment form completed by the employer; other evidence of outward recognition by the employer; and The understanding between the claimant and the employer and the respective duration of the non-teaching period.


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