Summary of Issue: Commission Salespersons

Decision A-0126.98 Full Text of Decision A-0126.98

Disentitlement and penalty imposed for failing to declare that he had been working as an independent sales representative. Claimant did not declare his occupation or earnings because the company was having financial problems. Umpire found that, on the basis of the evidence, it was obvious that the claimant was self-employed and whether or not he was remunerated did not change the fact that he had to declare his occupation and earnings on his cards. FCA upheld the Umpire's decision.

Decision 40261 Full Text of Decision 40261

Clmt earned no commission for the first month of employment as a salesman. Clmt identifies unemployment with lack of earnings or income. Lack of earnings does not establish unemployment. A clmt while employed is not eligible for benefits and failure to generate income while employed does not for that reason qualify a clmt for benefits.

Decision 35919 Full Text of Decision 35919

Claimant, a real estate salesperson, considered not unemployed within the meaning of s.8 and 10(1) of the Act and par.43(1)(b) of the Reg. Held by Umpire that commission salespersons in control of their working hours are deemed to be working a full weekand cannot be considered unemployed.

Decision 15547 Full Text of Decision 15547

An advertising representative who, even after devoting 40 hours a week to his work for a month, did not earn any income. The absence of earnings does not ipso facto exclude someone from Regulation 43(1).

Decision 15294 Full Text of Decision 15294

Claimant employed from 10-2 to 25-4 but earned commissions only as of 21-3. Claimant does not dispute that he was employed for the 11-week period. The Board had no alternative but to dismiss his appeal.

Decision 15275 Full Text of Decision 15275

Clt cannot come under 43(2). The job he took was considered by employer to be a full-time job, clt himself indicated his intention to make it that and his daily attendance for 4 hours, 5 days a week is sufficient to say it was more than a minor extent.

Decision 15045 Full Text of Decision 15045

The cases of commission salesmen make it clear that provided they are working full-time they are not eligible for UI whether or not they have earnings during the period in question.

Decision 14938 Full Text of Decision 14938

The issue is whether or not claimant was unemployed, not if searching for a job while employed as a vacuum cleaner salesman. The risk of not earning money through commission sales is on him, not the UI fund.

Decision 14061 Full Text of Decision 14061

How much money he made is only one factor, and for a commission salesman, it is not a very important one. Not relevant whether this employment was insurable or not. Work done in own home to be regarded as part of employment.

Decision 12617 Full Text of Decision 12617

On the evidence that claimant worked 7 hours per day and 6 days per week as dealer for Electrolux and intended to make it his principal means of livelihood, the Board could reach no other conclusion that he was in employment in which he controlled his working hours.

Decision 12255 Full Text of Decision 12255

The Board's decision is correct as the claimant admits he was working full-time... He argues that, because he did not earn anything, he should be entitled to benefits. The Act does not work that way.

Decision 11185 Full Text of Decision 11185

It is well established that remuneration is only one of the factors to examine. Here, claimant worked 40 hours per week, the same amount of time that he worked at that same employment [selling car] prior to being denied draws on commissions.

Decision 11163 Full Text of Decision 11163

The Board found claimant was occupied only part-time as door-to-door salesman while spending more than 50% of his time looking for work. Case returned to Board: was claimant's part-time work so minor in extent under reg. 43(2)?

Decision 10336 Full Text of Decision 10336

2 months 1.5 to 3 hours a day soliciting sales and meeting with potential customers. 2 sales and $250 per sale. Clearly to be regarded as fully working. In control of scheduling of appointments. Question of fact under 43(2) decided by Board.