Summary of Issue: Control Of Working Hours


Decision 19982 Full Text of Decision 19982

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

University research fellow who worked 2 weeks full time mistakingly believing he would eventually be paid. Not being self-employed, the Board wrongly referred to 43(1)(b) rather than Reg. 44 stating he set his own hours.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision 17033 Full Text of Decision 17033

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

Reg. 43(1)(b) is premised on the existence of a definite employer-employee relationship, as opposed to self-employment or business on one's own account, or at least being nominally associated with potential employer. Here, claimant was elected to position of Chief of Band.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment elected representatives
availability for work job search incomplete information
availability for work job search number of contacts
earnings income elected or appointed representative

Decision 14781 Full Text of Decision 14781

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

The insured claims that the board committed an error in law by using the criteria under Reg. 43(1)(b) to maintain ineligibility according to Reg. 44. There is no reason to uphold this claim. Employed by her spouse and genuinely holding down a job.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment full working week

Decision 13174 Full Text of Decision 13174

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

Employment to which reg. 43(1)(b) relates is one where a definite employer-employee relationship exists, as opposed to being self-employed or engaged in business on one's own account under reg. 43(1)(a). [p. 3]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment real estate salespersons

Decision 12915 Full Text of Decision 12915

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

Although from time to time had specific appointments with clients, made by his employer, the insured, as an accountant, was still not an employee who had to work from 9:00 to 5:00, for example. [p. 7]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
week of unemployment professional field

Decision 12897 Full Text of Decision 12897

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

If the Commission relies on reg. 43(1)(b) it must prove employment, i.e. an arrangement of a contractual nature. Contract of service means services provided for remuneration. Helping out family is not employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment contract of services
board of referees weight of statements from third party

Decision 12898 Full Text of Decision 12898

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

The fact it was more expedient for claimant to work [as taxi driver] at some hours or days rather than others does not mean he did not control hours. He had discretion as to whether to work or not.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment minor in extent

Decision 11185 Full Text of Decision 11185

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

Car salesman who cannot attend at dealership at times other than those open to customers, also subject to alternate lunch hours. The Board found claimant controlled his working hours. There was sufficient evidence to reach such conclusion.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment full working week
week of unemployment commission salespersons
week of unemployment principal means of livelihood

Decision 10336 Full Text of Decision 10336

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours
Summary:

While a commission salesman was required to schedule appointments with potential customers at their convenience, he remained in control of his hours. Not directed to report to specified location at specified time. In control of scheduling of his appointments.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment commission salespersons

Decision 68745 Full Text of Decision 68745

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment control of working hours Maternity Benefits
Summary:

While the claimant was on maternity leave, she was not free to be gainfully employed in operating a business.

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