| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
deduction from benefits |
|
Summary:
The Commission concluded that the claimant had received earnings from employment that he failed to declare, and as a result had received benefits to which he was not entitled. The Commission reallocated the undeclared earnings, imposed a penalty and issued a notice of violation. The BOR found that there was no evidence that the claimant received the money and allowed the appeal on all three issues. The Umpire found that the BOR exceeded its jurisdiction in dealing with the issue of the duration of the claimant's employment with his employer. The FCA allowed the application, finding that the BOR had jurisdiction, the question of whether [the Claimant] was in receipt of earnings from Graphite in respect of service rendered before October 29 was relevant to whether he had ceased to be entitled to employment insurance benefits because he was in receipt of earnings from employment, not to the level or duration of benefits to which, for example, he would be entitled after his employment by Graphite was terminated. Application for judicial review allowed.
