Summary of Issue: Earnings

Decision 39176 Full Text of Decision 39176

Claimant appeals the Board's decision on the ground that the second decision (that allocating his self-employment earnings) should have been addressed within the context of the first decison (whether he was engaged in self-employment that was not minor in extent). He characterizes the two stage procedure that has been followed as "double jeopardy". Umpire concluded that the two decisions are independent and the Board cannot be faulted for having treated them as such.

Decision 16659 Full Text of Decision 16659

In CUB 5454 are outlined six factors to be considered on a collective basis as to whether employment is minor in extent. Income may be taken into consideration but is not usually determinative since it is entirely possible to be employed and still not make money.

Decision 15007 Full Text of Decision 15007

The insured person devoted 10 hours a day to his business. The fact that he did not make any profits is not a relevant point. Even the total absence of earnings does not establish a situation of unemployment.

Decision 12844 Full Text of Decision 12844

Claimant argues that his weekly rate should simply be reduced by the amount of weekly earnings from the business. I cannot accept that approach. No benefits are payable since claimant has not met the threshold requirement of being unemployed.

Decision 10339 Full Text of Decision 10339

Left to go into business. Did not secure any contracts for business and no remuneration but remuneration is only one factor. Admits he spent 60 hours a week seeking contracts for business and had no intention of seeking other employment. Remuneration unlikely in early stages.