Summary of Issue: Number Of Hours

Decision 76460 Full Text of Decision 76460

The claimant was disqualified from receiving benefits for failing to accumulate a sufficient number of hours of insurable employment under section 7 of the Employment Insurance Act. He needed to have accumulated in his qualifying period at least 700 hours, and he had only 442 hours to his credit. Even extending the period did nothing to help the claimant qualify because he was receiving payments from the CSST at that time. The claimant attended his appeal hearing, and did not provide any valid ground of appeal that showed the slightest error in the calculation of the insurable hours the appeal by the claimant is dismissed by the Umpire.

Decision 53548 Full Text of Decision 53548

Because of a strike, the claimant failed to qualify for maternity benefits as she had only accumulated 160 hours of insurable employment in her qualifying period. She argues that her equality rights under S. 15 of the Charter are violated and she maintains that she is being discriminated against on the basis of gender. Held that all claimants for regular or special benefits, irrespective of gender, are treated in the same manner by the EIA. No claimant, male or female, is entitled to benefits if they fail to have sufficient hours of insurable employment in their qualifying period as a result of a stoppage of work attributable to a labour dispute.

Decision A-0773.00 Full Text of Decision A-0773.00

Issue: Can a BOR or an Umpire suspend an extra hours penalty (following the issuance of a notice of violation) imposed by the Commission pending the determination of an appeal against the penalty itself? No. The FCA held that the principle of criminal justice that a person is presumed innocent until proven guilty is not applicable when the Commission has exercised its power to impose an administrative penalty on a person whom it believes is in breach of a statutory duty.

Decision A-0196.01 Full Text of Decision A-0196.01

Claimant accumulated 594 hours of insurable employment, instead of the 595 hours required. She was short one hour of work in order to be eligible for benefits but the Act does not allow any discrepancy and provides no discretion. Regretfully, the application for judicial review must be allowed.

Decision 50691 Full Text of Decision 50691

See summary indexed under FCA A-0196.01

Decision 49609 Full Text of Decision 49609

See summary indexed under FCA A-0773.00

Decision A-0717.98 Full Text of Decision A-0717.98

Despite the FCA decision in Hoek (A-0089.99) which determined that Reg. 94.1 is clearly mandatory, the dissenting member held that Reg. 94.1 was not. He was of the view that since the reasons expressed in the Hoek decision did not contain any reference to the interpretative approaches laid down in Abrahams, Hills and Normandin, he considered that he did not have to follow that decision.**NOTE: It was agreed not to appeal this case to the Supreme Court on that particular issue, the Commission being of the opinion that the FCA decision rendered in Hoek represents the correct interpretation of the law.

Decision A-0089.99 Full Text of Decision A-0089.99

Reg. 94.1 is a provision of substance, not of procedure and is clearly mandatory. It stipulates that weeks of insurable employment that were worked prior to 01-01-97 are converted into hours of insurable employment and this conversion is made on the basis of 35 hours per week worked. It is a provision that applies automatically whenever a worker seeks to be credited for work done prior 01-01-97. It is not a provision which a claimant may choose to invoke or not to invoke.

Decision 43269 Full Text of Decision 43269

See summary indexed under FCA A-0089.99

Decision 42615 Full Text of Decision 42615

See summary indexed under FCA A-0717.98