| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
rationale |
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Summary:
The intention of Parliament is to pay employment insurance benefits to those individuals who, through no fault of their own, are truly unemployed and who are seriously engaged in an earnest effort to find work. Teachers are not considered unemployed during the annual non-teaching periods and they are therefore not entitled to benefits, unless they meet one of the three criteria set out in Reg. 33(2)
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
contract renewed |
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Summary:
The claimants/teachers had probationary contracts of employment ending at the end of the school year. They entered into new contracts for the following school year prior to end of the school year or shortly thereafter. The Umpire determined that the claimants did not qualify under the exemption of paragraph 33(2)(a) of the EI Regulations and concluded that they were not unemployed and that there was no severance of the employer/employee relationship. The Federal Court of Appeal found that all claimants who had their contracts renewed before their probationary contracts expired were not unemployed. N.B. The Supreme Court of Canada dismissed the applications for leave to appeal.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
contract terminating with end of school year |
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|
Summary:
The claimants/teachers had probationary contracts of employment ending at the end of the school year. They entered into new contracts for the following school year prior to end of the school year or shortly thereafter. The Umpire determined that the claimants did not qualify under the exemption of paragraph 33(2)(a) of the EI Regulations and concluded that they were not unemployed and that there was no severance of the employer/employee relationship. The Federal Court of Appeal found that all claimants who had their contracts renewed shortly after their probationary contracts expired had no real gap in employment because they were hired for a new school year which overlaps with or immediately follows the previous one. N.B. The Supreme Court of Canada dismissed the applications for leave to appeal.
