Decision 13741
Full Text of Decision 13741
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
By taking a 6-month full-time course, he became regularly engaged. CUB 12864 holds that the word "occupation" can be used to describe the activity of a student.
Decision 12864
Full Text of Decision 12864
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
The Commission argues that one must have a job to be engaged in an occupation. I would not so narrowly construe the section. Not synonymous with employment which is not used. Broader significance as per dictionary. It could refer to the activitity of a student. [p. 4]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
terminates during strike |
|
Decision 12018
Full Text of Decision 12018
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
Seems to me to be clear from text of 31(1)(b) that an occupation necessarily refers to employment or work. ABRAHAMS decision of SC considered. Surely cannot so characterize courses attended, even at instigation of Commission.
Decision 11310
Full Text of Decision 11310
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
In ABRAHAMS, it was absolutely employment and word "employment" has nothing to do with course of study or training course. [p. 11]
Decision 10819
Full Text of Decision 10819
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
Claimant and other plumbers went on strike Thursday noon. He started apprenticeship training following Monday. He cannot prove any of 44(2). Unfortunately, the course had not began prior to strike. Pre-arrangement to attend is not a ground for termination under 44(1).
Decision 08884
Full Text of Decision 08884
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
courses of study |
|
Summary:
The Board accepts that when claimant started training for another occupation then he became regularly engaged in some other occupation [p. 6]. This was a course referred to under s.39 [p. 7]. The Board made a definite mistake [p. 8].
Decision 64431
Full Text of Decision 64431
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
The claimant had accepted, in good faith, what he expected would be regular employment for the summer. He had to be laid off after working some 50 hours over three weeks due to weather, equipment problems and other circumstances beyond the claimant's control. The Umpire stated that evidence was provided to explain why the employment had not turned out to be what had initially been envisaged and confirmed the Board's decision that, the claimant had become engaged in regular insurable employment.
Decision 55172
Full Text of Decision 55172
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Citing the FCA decision in Malo (A-0765.85), the umpire reiterated the three inseparable criteria for determining whether a claimant became regularly engaged in insurable employment: the firm, serious and genuine nature of the employment, the continuity of the employment, and the regularity in the claimant's pattern of work. In the present case, over a period of 13 weeks, the claimant was without work for four weeks. He was working on an on-call and intermittent basis.
Decision 39226
Full Text of Decision 39226
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Loss of employment due to a labour dispute. Found new insurable employment elsewhere. Umpire determined that “regularly” does not refer to the duration of the employment but rather to its continuity, the employment in question being continuous in the sense that it lasted until termination. The claimant was required to perform the same work according to the same schedule, and was subject to the same circumstances, temperature and other factors as the other employees involving in doing the same kind of work. Umpire therefore found that paragraph 31(1)(b) of the Act applied because he had no doubt that “this new employment” was real, serious and authentic.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
elsewhere |
|
Decision A-1460.92
Full Text of Decision A-1460.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Ceased work at Algoma due to strike 1 week before commencing a second contract to teach at a college for which he had previously been granted leave of absence. Attended the scheduled 1-week college session, then released due to current dispute. ABRAHAMS examined. Elements of continuity were present.
It is clear from ABRAHAMS that implicit in the interpretation of 31(1)(c) is the fact that employment need not be long term. Duration is not a feature of 31(1)(c). What is required is a fixed pattern rather than a fixed period of employment. The Court put emphasis on the regularity of the schedule.
Decision 21920
Full Text of Decision 21920
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Refer to: A-1460.92
Decision 21736
Full Text of Decision 21736
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Part-time, for the summer period only, from 31-7 to 14-9-91; he accumulated 4 insurable weeks over a 6-week period at a rate of 2 to 3 days per week. It seems clear to me that part-time employment on call 2 or 3 days a week is not regular employment.
Decision 21735
Full Text of Decision 21735
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
On call with varying hours from 9-9 to 24-10 for 7 insured weeks. Claimant's work schedule was very sporadic and intermittent, the hours worked varying greatly from week to week. The required characteristic, that is the regularity of the work schedule, has not been met.
What is regular in one type of business may not be so in another. Normally, one who is on call and works at the employer's discretion is not regularly employed. The work schedule need not be predetermined or fixed. Some consistency in the frequency of the work shifts may suffice.
Decision 21737
Full Text of Decision 21737
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
On call from 16-9 to 27-10 (4 insured weeks) when all employees laid off. In the fishing industry, regularly engaged has to mean for the fishing season. Claimant followed the same fixed pattern as all the other employees at the fish plant. He was as regular as all the others.
Decision 21353
Full Text of Decision 21353
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Worked 6 weeks part-time from 22-9-90 to 12-1-91; earnings of $437, $125, $78, $26, $54 and $26. Employee working on call and at employer's discretion. Does not have regular employment; see MALO.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
directly interested |
employment terminates |
|
| labour dispute |
loss of employment |
terminates during strike |
|
Decision 21051
Full Text of Decision 21051
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Employed one month at Sheraton during the strike; worked more on call rather than according to regular schedule drawn up in advance. Board concluded job was casual as was based only on setting up possible banquets. Decision well-founded.
Decision 21050
Full Text of Decision 21050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Employed 2 weeks by his brother in a plumbing concern during the strike. According to the Board, not a firm nor a serious commitment, the job having rather been created to help the insured avoid non-eligibility. A matter of fact. Conclusion neither absurd nor arbitrary.
Decision 19520
Full Text of Decision 19520
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Temporary work lost due to strike. Mere availability for work in another sector is not sufficient to prevent the disentitlement. Provision is made in ss.31(1) for removing the disentitlement upon one obtaining insurable employment but not on account of his being available for it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
terminates during strike |
|
Decision 16145
Full Text of Decision 16145
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Worked on call in December, February and March. ABRAHAMS, MALO and M. ROY were examined. Construction is a cyclical industry which is subject to the vagaries of various factors. The regularity of the schedule is not as rigid as in other sectors, especially in winter and during the holidays. No error on the part of the Board.
Decision 15562
Full Text of Decision 15562
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Irregular employment on an on-call basis does not qualify for this exception. In my view, claimant was holding himself ready for the recall that he was hoping to get to former employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
directly interested |
employment terminates |
|
| labour dispute |
loss of employment |
terminates during strike |
|
Decision 14678
Full Text of Decision 14678
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
No evidence before Board other than claimant employed part-time. There was no evidence of the hours, days or shifts claimant had worked in the 2 weeks he had the job. How long he actually worked or what commitment existed on his part and new employer isunknown.
Decision 11007A
Full Text of Decision 11007A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Harvested corn from 4 to 14-9. Such short-term employment cannot be characterized as regular particularly if it is recognized that it was not regular ab initio but purely temporary.
Decision 13740
Full Text of Decision 13740
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
According to ABRAHAMS, a regular engagement would be one which involved a fixed pattern of employment. By no stretch of the imagination can 3 or 4 days be considered a fixed pattern of employment.
Decision 13734
Full Text of Decision 13734
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
The claimant worked 1 week and 4 hours for his previous employer. ABRAHAMS referred to. Here claimant has not established any fixed pattern of employment. He was on an "as required" basis. It cannot be said, therefore, that he has become regularly engaged. [p. 6-7]
Employment prior to the disentitlement [i.e. prior to the loss of employment giving rise to disentitlement] cannot be relied upon to fulfill this condition. [p._6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
while claiming ui |
|
Decision 12473
Full Text of Decision 12473
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Worked 3 days with Elections Canada. This employment was for one week only with no possibility of it becoming regular employment. [p._7]
Quit other employment during strike because of concerns about the employer's ability to meet the payroll. It cannot be said that there was a firm commitment by claimant to become regularly engaged since he quit, albeit for good reason, after 3 days. [p.6]
Decision 12390
Full Text of Decision 12390
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Cites ABRAHAMS, ROY, COURNOYER and JACQUES. In this context, cannot conclude that employment not regular merely because temporary, whether part-time or full-time.
Employed from 4 to 14-6 at Copak; agreed at outset that was not for fixed period but while waiting for machines. Accordingly, no firm commitment within meaning of ABRAHAMS. Irregular schedule: 29 hours one week and 16 the other. [pp. 18-19]
Worked 8 hours per day and 5 days per week for 2 weeks. This gave him necessary continuity for him to be considered to be regularly employed. Intention of returning to position after strike changes nothing. No fraud. [p. 18]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
termination date |
|
Decision 12379
Full Text of Decision 12379
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Worked for a total of 24 hours from 4 to 8-6. I agree with the Board that claimant's temporary employment in general maintenance does not constitute becoming regularly engaged in some other occupation. [p. 5]
Decision 11140
Full Text of Decision 11140
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Refer to: A-0765.85
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision A-0765.85
Full Text of Decision A-0765.85
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
As per ABRAHAMS, the regularity of the work schedule must be considered. Worked on call from 10-11-82 to 25-7-83. The 678 hours and earnings of $3,154 here are unequally spread over many months. Error of law by Board: designated as regular what was irregular employment.
There is no question that his being engaged was real, actual and genuine. The aspect of continuity is undoubtedly present. However, he was engaged in it intermittently or sporadically: this makes it irregular.
To be regular, a work schedule does not necessarily have to be determined in advance or to remain fixed in time. However, it must be possible to identify some consistency. If one is not assured of certain periods of work at foreseeable interval, then it is not regular.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 11270
Full Text of Decision 11270
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
7 weeks at Catelli of which only 3 insurable. Not regularly. Insured himself stated he had been hired for an unspecified, indefinite period, depending on work to be done. Worked only when requested.
Worked from 14 to 23-12-83 with Ayotte & Gascon except when no materials. Not regularly. Insured himself stated he had been hired for a temporary period to finish expansion.
Decision 11123
Full Text of Decision 11123
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Worked on call from 2-11 to 21-12; number of hours per week varied from 8 1/2 to 31 1/2. Surely not regular employment. ABRAHAMS considered.
Decision 10829
Full Text of Decision 10829
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Machinist on lock-out who worked 5 weeks elsewhere as courier and left for just cause. Not a subterfuge although short term. Regularity of schedule is criterion that tips balance in his favour, as in ABRAHAMS.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
| voluntarily leaving employment |
working conditions |
salary |
|
Decision 10790
Full Text of Decision 10790
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Summary:
Not regular: hired to perform specific task, to work for fixed period, that is, to finish harvest season, and she also worked on call. Work necessarily temporary and not regular.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
rationale |
|
|
| board of referees |
rules of construction |
intent and object |
|
Decision 39226
Full Text of Decision 39226
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
elsewhere |
|
Summary:
Loss of employment due to a labour dispute. Found new insurable employment elsewhere. Umpire determined that “regularly” does not refer to the duration of the employment but rather to its continuity, the employment in question being continuous in the sense that it lasted until termination. The claimant was required to perform the same work according to the same schedule, and was subject to the same circumstances, temperature and other factors as the other employees involving in doing the same kind of work. Umpire therefore found that paragraph 31(1)(b) of the Act applied because he had no doubt that “this new employment” was real, serious and authentic.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
Decision 14253
Full Text of Decision 14253
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
elsewhere |
|
Summary:
Stopped working due to the strike. Returned to work during strike some 3 months and crossed picket line and then laid off. Not employed "elsewhere" under 44(1)(b) since he returned at same premises for same employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
loss of employment |
by reason of a stoppage |
|
Decision 18183
Full Text of Decision 18183
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
maternity |
|
Summary:
Based on CUB 12864, it is argued that claimants on maternity leave who engage in full-time homemaking do in fact "become regularly engaged in some other occupation". I am unable to find that the Board erred in law in rejecting this proposition.
Decision A-0559.81
Full Text of Decision A-0559.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
maternity |
|
Summary:
Argument that claimant was being regularly engaged in activities surrounding expectant and actual motherhood while on maternity leave and came under 44(1)(c) was dismissed. Occupation must be interpreted in the light of full wording of s.44. [p.9]. The Umpire did not err in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
directly interested |
on leave |
|
Decision 12390
Full Text of Decision 12390
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
termination date |
|
Summary:
Employed from 13 to 27-7 by Agrinove [p. 2] and sought antedating to 13-6. I can grant this only as of 13-7, the date when he was hired by Agrinove. [p. 20]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| labour dispute |
regularly engaged |
definition |
|
