Summary of Issue: Disentitlement Period At Issue

Decision 15799 Full Text of Decision 15799

Refer to: A-1049.88

Decision A-1049.88 Full Text of Decision A-1049.88

As per Umpire, once an antedate has been granted, the CEIC is not empowered to disentitle a claimant by reason of non-availability. This decision appears erroneous. Once an antedate has been granted, the CEIC must determine a claimant's eligibility.

Decision A-0175.87 Full Text of Decision A-0175.87

Antedate denied by Board because claimant was not available for work. It is trite law that what a Board or Umpire must deal with is the decision that the Commission made, not that which it might or should have made. Availability had nothing at all to do with antedating.

Decision A-0644.93 Full Text of Decision A-0644.93

Student, knowing that she would not be available, did not make her claim until her studies were completed; only 6 insurable weeks remained instead of the 14 required to establish a benefit claim. Asked for 8 weeks antidate. Stated that she was not negligent and this kind of ignorance is acceptable. Quashed in F.C.

Decision A-0024.01 Full Text of Decision A-0024.01

The claimant, after being told that he would not be entitled to benefits and thus assuming that he did not have to file, delayed making his claim until the allocation of his severance pay had ended. The Court found that reliance on legal advice is not good cause. A claim for EI should be made immediately and not when an individual is payable.

Decision A-1261.83 Full Text of Decision A-1261.83

Claimant ceased work in 9-80 and continued to receive monthly salary until 4-81. He learned later this was a retiring allowance and not earnings. Ignorance or mistake induced by employer's representations is not good cause as per PIROTTE.

Decision A-1865.83 Full Text of Decision A-1865.83

If he had mistakenly concluded that his work was full-time and had decided not to apply for UI because of this mistake, such an error might possibly provide a basis for relief under 20(4). [p. 17] Retired after 38 years and immediately found part-time employment which he left 6 months later. Requests antedate to have rate based on full-time earnings. The fact that he was employed only part-time is not good cause.