Summary of Issue: Calculation Of Insured Weeks

Decision 75094 Full Text of Decision 75094

In this case, the claimant's qualifying period for regular benefits is December 21, 2008 to December 19, 2009. According to the unemployment rate in her region she needed $2500 of insurable earnings to qualify for benefits on December 20, 2009. The claimant only accumulated $2039.64 in insurable earnings as a fisher from July 12 to December 19, 2009. She therefore failed to achieve the $2500 insured earnings and therefore could not qualify for benefits. The appeal by the Commission is allowed

Decision 73279 Full Text of Decision 73279

The claimant, a fisherman, was employed from November 2008 to April 2009, during which period he earned $4,615. In April of 2009, the claimant applied for benefits which were denied by the Commission since, he required a minimum of $5,500 in earnings during his qualifying period. The appeal to the Umpire is dismissed. ------------

Decision A-0255.86 Full Text of Decision A-0255.86

The rules stated in ss. 79(7) relate to the allocation in a single operation of all pay from all deliveries of fish handled in a week rather than to the allocation of pay from each of those deliveries. The fact of having made 2 deliveries in the same week does not reduce the number of weeks of insurable employment, pursuant to ss. 79(6) and (7). No double allocation over the week of delivery. [Conclusion of the Umpire's decision upheld by FC] The first and last day of employment referred to in ss. 36(6) are not, for a fisherman, only the weeks over which the earnings are allocated, but rather the actual period of employment. [conclusion drawn from p. 11] The Umpire appears to have been wrong in saying that only ss. 79(6) had to be applied and that no reference to ss. 79(7) was necessary in determining whether claimant had the required number of weeks of insurable employment.