Summary of Issue: Calculation

Decision 38101 Full Text of Decision 38101

Claimant submits that the employer calculated the work weeks according to the employer's guide and maintains that if this is the proper method for assessing the employer, it should be appropriate for calculating the number of insurable weeks. Unfortunately, the purpose of the employer's guide is to facilitate the calculation of payroll deductions rather than to determine benefit entitlement. Under section 36(6) of the Regulations, the calendar week is to be used to determine entitlement.

Decision A-0295.96 Full Text of Decision A-0295.96

Differences in treatment due to application of s. 36.2 are in no way groundless, since they are intended to bring the number of weeks of insurable employment into line with the number of premiums paid, which is quite legitimate in an insurance system involving salary-based premiums from employers and employees. Umpire erred in finding para. 36.2(b) of the Regulations ultra vires and refusing to apply it.

Decision 26620 Full Text of Decision 26620

Insurable weeks are to be calculated using the definition of weeks in s. 2: the 7-day period commencing on a Sunday and ending on the following Saturday. Ss. 36(6) limits the insurable weeks to total calendar weeks. Claimant has 20 weeks using the employer's pay periods but the time period covered only 19 calendar weeks.

Decision A-0592.92 Full Text of Decision A-0592.92

Claimant worked from 16-11-89 (Thursday) to 28-3-90 (Wednesday), that is exactly 19 full pay weeks. A minimum of 20 was required to become eligible for UI. The week begins on the Sunday according to s. 2. The 18 full calendar weeks plus the 2 partial calendar weeks provide him with 20 weeks.

Decision 20971 Full Text of Decision 20971

Refer to: A-0592.92

Decision 18532A Full Text of Decision 18532A

Held that as claimant worked on Thursday, Friday, Saturday, Monday and Tuesday in week 1 of a bi-weekly pay period which ran from Thursday to the second following Wednesday and as reg. 13(1) was met with respect to 2 weeks' earnings, this gave him credit for 2 insured weeks.

Decision 20969 Full Text of Decision 20969

According to CEIC, the insured has only 19 weeks; he would have 20 if weeks were counted from Sunday to Saturday. Referring to CUB-17067 and 15272 and applying the definition of "week" in Section 2, the number of insurable weeks is 20.

Decision 15468A Full Text of Decision 15468A

Claimant has 18 weeks instead of 20 in 52 weeks counted back from 5-10-87. If claim antedated to last day worked, 23-9-87, he would have lost the insurable week in which 23-9 fell resulting in 19 and not 20 insured weeks.

Decision A-0116.79 Full Text of Decision A-0116.79

8 weeks of insurable employment ending on Friday, 2-12. 8th week may be counted if the benefit period starts on the following Sunday, 4-12, but not if it starts on the preceding Sunday, 27-11.