| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
insurability |
insured earnings nil |
|
Summary:
Severance pay of $48,892 allocated from 30-6-91 to 20-9-92. During that time, claimant worked from 3-12-91 to 16-6-92 in insurable employment but earned no money and no premiums paid. Stating that the claimant's employment did not end until final allocation of sev. pay, Umpire ordered that benefit rate be calculated on the second last employment. FCA ruled that there was no ambiguity in ss.13(2) of the UI Act and that it could only refer to the 20 weeks of insurable employment which occurred last in time in the qualifying period.**Claimants do not make claims in respect of particular employments but rather in respect of a loss of employment and a corresponding interruption of earnings. A claimant cannot pick and choose which employment or employments in respect of which he or she wishes to make a claim. Commission appeal allowed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
layoff or separation |
definition |
|
Summary:
The allocation of termination benefits has the effect of postponing the benefit period but it does not prolong the previous employment which, by definition, has been lost.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Summary:
Severance pay of $48,892 allocated from 30-6-91 to 20-9-92. During that time, claimant worked from 3-12-91 to 16-6-92 in insurable employment but earned no money and no premiums paid. Stating that the claimant's employment did not end until final allocation of sev. pay, Umpire ordered that benefit rate be calculated on the second last employment. FCA ruled that the rate of benefit is calculated on the most recent 20 insurable weeks of employment. Once RCT rules employment insurable, it must remain the rate qualifying period even though there was no remuneration and the benefit rate is zero.**Claimants do not make claims in respect of particular employments but rather in respect of a loss of employment and a corresponding interruption of earnings. A claimant cannot pick and choose which employment or employments in respect of which he or she wishes to make a claim. Commission appeal allowed.
