Decision S-0070.94

Case Number Claimant Judge Language Decision date
S-0070.94  MacKinnon John  Supreme  English 1995-09-07
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  A-0070.94 


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

Summary:

The Umpire erred in law. He directed his mind to a matter not under appeal before the Board nor before him, namely the correctness of the CEIC's decision not to refer claimant to another training course; a decision, in any event, not reviewable on appeal. Leave to appeal dismissed by SC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training  referral  discretionary power 

Summary:

The Umpire erred in law. He directed his mind to a matter not under appeal before the Board nor before him, namely the correctness of the CEIC's decision not to refer claimant to another training course; a decision, in any event, not reviewable on appeal. Leave to appeal dismissed by SC.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training  benefit period extended  imprisonment 

Summary:

An extension of a normal benefit period must be terminable in accordance with the purposes of s.26, i.e. when one completes or leaves a course, the benefit period originally extended must be terminable as provided in s.26(2) and reg._51(2); here, 3 weeks after release from jail. Leave to SC denied. Claimant sent to jail while taking an approved training course and receiving UI. Benefit period extended while in jail. The Commission correctly extended the benefit period by only 3 weeks after his release from jail (his training having been terminatedby his imprisonment). Leave to SC denied.


Date modified: