Summary of Issue: Full Working Week

Decision 70769 Full Text of Decision 70769

Following his cessation of employment, the claimant continued working part time for the service provider four hours a week and he was paid for those hours. He also worked an additional 40 hours per week or more as a volunteer in order to set up a furniture recycling project. He indicated that he considered those hours to be his contribution to the community to combat poverty. The Commission found that the claimant worked full weeks. According to the Umpires, the claimant admitted that he had worked 40 hours per week on the waste sorting and recovery project and he did not provide any evidence of job searches. He did not prove that he was unemployed within the meaning of the Employment Insurance Act.

Decision A-0531.01 Full Text of Decision A-0531.01

In a brief decision, the Court refused to intervene, specifying that the internship the claimant was doing with a lawyer was in the nature of an employment contract. Application for judicial review summarily dismissed.

Decision 51844 Full Text of Decision 51844

Claimant is doing a six-month training period in a lawyer's office. Must work 35 hours/week and receives $50 a week for his expenses. Decided that a trainee cannot claim to be unemployed even if he is doing his on-the-job training for free: he is presumed to be working a full working week.

Decision 44482A Full Text of Decision 44482A

See summary indexed under FCA A-0666.99

Decision A-0418.97 Full Text of Decision A-0418.97

Self-employment is not to be determined on week-to-week basis. Impractical to sanction a legal framework in which self-employment is determined by the number of hours worked in any one week. Such an understanding would require the BOR to set the maximum number of hours a claimant is entitled to work to consider the "minor in extent" provision. That approach would lead to the absurd result that in one week a claimant would be deemed to be self-employed, but not in others. Incompatible with the legislative scheme as a whole.

Decision A-0113.97 Full Text of Decision A-0113.97

The claimant worked many hours each week in order to build up his business, while he was claiming benefits. Umpire found that the claimant could not argue that he was not relying on his business as a principal means of livelihood, nor that he should not be deemed to have always worked full working weeks. FCA upheld the Umpire’s decision.

Decision A-1059.96 Full Text of Decision A-1059.96

Claimant owned 33 1/3% of the shares in a horticultural greenhouse. Business received a farm loan of $120,000 and a job creation subsidy of $85,000. The shareholders had to prove that they could make this business their principal means of livelihood in order to obtain this funding. The BOR decided that the claimant was operating a business on his own account, that he controlled his own hours of work and that he spent enough time on his business. Decision upheld by the Umpire and confirmed by the FCA, except for a short period conceded by the Commission.

Decision A-1058.96 Full Text of Decision A-1058.96

For summary, refer to A-1059.96

Decision 25507 Full Text of Decision 25507

Claimant works 27 1/2 hours a week as Special Needs Teacher's Aide. I fail to see how Brunswick School in the Melfort School Division, the source of the CEIC's information, can be said to represent the hours normally worked in the Hudson Bay School Division which involve entirely different premises.

Decision 14781 Full Text of Decision 14781

Since she was the only employee, she claims that she cannot be compared to the same rank or class according to Reg. 44(1). Precedent has clearly established that the comparison can be done with persons of the same rank employed elsewhere.

Decision 14564 Full Text of Decision 14564

The disentitlement properly pointed out that regardless of the amount of remuneration a full working week is the normal working time at one's place of employment for persons of the same grade, class or shift. Working without pay.

Decision 14061 Full Text of Decision 14061

Auto sales trainee held fully working under Reg. 44. Impossible for me to know whether Board decided as questions of fact what the nature of claimant's employment was, the number of hours commonly worked in such employment and number worked by claimant...

Decision 12353 Full Text of Decision 12353

Fishing 6 hours a day and 6 days a week. Ss.10(1) and reg. 44(1) referred to. Any occupation to which one devotes 36 hours per week can quite reasonably be found to constitute employment for a full working week.

Decision 11408 Full Text of Decision 11408

Claimant accepts job paying less than benefits in the belief that earnings over 25% would be deducted. [commentaires acerbes du juge]

Decision 11185 Full Text of Decision 11185

One of the threshold requirements for entitlement to benefits is that one be unemployed. An employee [car salesman] who is working 40 hours per week is clearly working a full working week.

Decision 10971 Full Text of Decision 10971

Claimant worked an average of 5 hours per day for the company performing those duties for which drivers are hired. At any given time the company has only one driver. During this period that driver was claimant. Must be regarded as working a full week.

Decision A-1865.83 Full Text of Decision A-1865.83

The meaning of "full working week" in 21(1) is a question of law; whether particular weeks are full working weeks may turn on questions of fact. [p. 17]