Summary of Issue: ROE Excluded - Disqualification

Decision A0352.12 Full Text of Decision A0352.12

The claimant was dismissed from his employment for making inappropriate statements in contravention of the company’s policy (his “previous employment”). He found new employment which he subsequently lost through no fault of his own. The Commission determined that the claimant had lost his previous employment due to misconduct. The insurable hours that he had accumulated in his previous employment could not be used in the calculation of his benefit rate, which resulted in his benefit rate being reduced. The Court found that the Umpire’s decision was reasonable and supported by the facts and the law. The FCA, in applying the reasonableness standard, is not to reweigh the evidence when the claimant seeks to have his ROE amended to eliminate the allegations of misconduct which excludes those insurable hours of employment in the benefit calculation.

Decision A0061.11 Full Text of Decision A0061.11

The claimant left one of her jobs in order to pursue her studies. It is settled law that leaving one's employment to pursue studies does not constitute just cause under the Act. Based on his interpretation of subsection 30(5) of the Act, the Commission took into account only the accumulated hours after May 10, 2009, the date of termination of the first job. In other words, the Commission excluded the hours the claimant accumulated at the second job previous to May 10, 2009. The FCA determined that the proper interpretation of s. 30(5) of the EIA is “that when a claimant applies for benefits, the insurable hours of employment accumulated in any employment prior to the claimant voluntarily leaving employment are excluded from the calculation of insurable hours in relation to the application”. Application for judicial review allowed.