Decision A-0492.94

Case Number Claimant Judge Language Decision date
Decision A-0492.94 Traynor Marie  Federal  English 1995-05-29
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  question not at issue 

Summary:

Left her job to take a course. Once before the Board, she abandoned her appeal on availability. Claim allowed by Umpire from the termination date of the course. The Umpire exceeded his jurisdiction by dealing with a question that had been withdrawn from the Board and therefore was not before him.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  disqualification  length indefinite 

Summary:

Left work to take a 10-month course. Appeal allowed by Umpire from termination date of course. Claimant was disqualified for the whole period of her claim for having taken herself out of the work force without just cause. The Umpire was wrong in disputing the validity of that conclusion. Since the coming into force of s. 30.1 of the Act on 3-4-93, the disqualification period has been established as the full benefit period. The discretion that had previously been conferred on the Commission to reduce the period of disqualification, if extenuating circumstances, has been withdrawn.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  new employment  employment defined 

Summary:

Left to take a course. The argument that she falls within para. 28(4)(f) on the basis that her internship constituted employment, albeit without remuneration, is not valid. Remuneration, actual or eventual, for the services rendered is necessary in order for a job to constitute employment (BERUBE).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  new employment  applicability 

Summary:

A person who leaves his or her employment in order to begin a new job will not be disqualified should the new employment fail to materialize. However, the claimant did not leave her position with the expectation of securing employment in the near future. She cannot fall within para. 28(4)(f).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  employment  definition 

Summary:

Left to take a course. The argument that she falls within para. 28(4)(f) on the basis that her internship constituted employment, albeit without remuneration, is not valid. Remuneration, actual or eventual, for the services rendered is necessary in order for a job to constitute employment (BERUBE).


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