Summary of Issue: Disqualification


Decision 64456 Full Text of Decision 64456

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

A claimant who loses an employment because of his misconduct is disqualified from receiving unemployment benefits unless, after losing that employment, he is employed in insurable employment for the number of hours required to qualify to receive benefits.


Decision A-0302.97 Full Text of Decision A-0302.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Claimant lost his f/t job on 14-07-93 and started to receive benefits. He applied to take a course, which did not begin until 10-11-93. In mid-August 93, he took a p/t job and left it without just cause on 4-09-93. Claimant disqualified. Decision upheld by the BOR and the Umpire. Claimant contends that S.59.1 refers only to employment lost during the qualifying period. Referring to its decision in Locke (A-0799.95), the FCA held that the S.59.1 refers to the "last employment lost" by a claimant "since the commencement of the qualifying period" and that a disqualification may strike during a claimant's benefit period. Claimant's application for judicial review dismissed by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability employment last

Decision A-0299.97 Full Text of Decision A-0299.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Claimant employed f/t by the University of Ottawa and holding a p/t job elsewhere at the same time. On 31-12-94, claimant lost his job, applied for EI and began to receive benefits. On 25-02-95, he left his p/t job without just cause. Claimant disqualified. Decision upheld by the BOR and the Umpire. Claimant contends that S.59.1 refers only to employment lost during the qualifying period. Referring to its decision in Locke (A-0799.95), the FCA held that the S.59.1 refers to the "last employment lost" by a claimant "since the commencement of the qualifying period" and that a disqualification may strike during a claimant's benefit period. Claimant's application for judicial review dismissed by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability employment last

Decision A-0787.96 Full Text of Decision A-0787.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Lost f/t job in 09-92 and benefits paid. In 02-93, claimant took a p/t job but left it on 8-08-93 to move and attend university. Claimant disqualified. Decision upheld by the BOR and the Umpire. Claimant contends that S.59.1 refers only to employment lost during the qualifying period. Referring to its decision in Locke (A-0799.95), the FCA held that the S.59.1 refers to the "last employment lost" by a claimant "since the commencement of the qualifying period" and that a disqualification may strike during a claimant's benefit period. Claimant's application for judicial review dismissed by the FCA.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability employment last

Decision A-0799.95 Full Text of Decision A-0799.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Held by FCA that ss. 59.1(1) of the Reg., when interpreted in conjunction with ss. 30.1(2) of the Act, means that the loss of any employment without just cause by a claimant, since the beginning of the qualifying period, will trigger the application of s. 28 disqualification regardless of whether it was a p/t job held concurrently with another or whether it occurred after the establishment of a benefit period based on a lay off from some other regular employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability employment last

Decision A-0576.95 Full Text of Decision A-0576.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Lost work on 23-8-93 due to misconduct. Obtained work elsewhere 30-8-93 and after 3 months was laid off. Upon filing claim, was disqualified by reason of previous employment. Held by Umpire that MCLAUGHLIN (A-244-94) applies. The FCA disagreed with the applicability of that decision since it was prior to the enactment of R. 59.1. When read with S.28 of the UI Act, it allows the Commission to impose a disqualification where a claimant loses a job for misconduct but subsequently becomes re-employed and claims benefits as a result of a lay off from the 2nd job. An accumulation of additional insurable weeks from the disqualifying event is necessary to requalify.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority make regulations
voluntarily leaving employment applicability employment last

Decision A-0244.94 Full Text of Decision A-0244.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

A claim for benefit, against which a disqualification applies under s. 28, does not require a claimant to file biweekly reporting cards. See KACHMAN. The filing of such report cards is only a requirement of eligibility to receive benefits once a claim has been made. This is clear from s. 40. Claimant suspended from work for 3 weeks due to misconduct. Filed a renewal claim and was disqualified. Did not file any reporting card. Was laid off for lack of work 7 weeks after. Filed a second renewal claim. Held that the prior disqualification does not apply to the second renewal claim.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts types of claims
board of referees rules of construction intent and object
basic concepts disqualification rationale
voluntarily leaving employment applicability employment last

Decision 24276 Full Text of Decision 24276

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification applicability
Summary:

Refer to: A-0244.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts types of claims
misconduct loss of employment definition
board of referees rules of construction intent and object
basic concepts disqualification rationale
voluntarily leaving employment applicability employment last

Decision 29046 Full Text of Decision 29046

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification carrying forward
Summary:

Disqualified for 12 weeks resulting from voluntary leaving. Holds another job for 11 weeks and subsequently files a new application for benefits. 10 weeks of disqualification carried over to new benefit period. Decision in accordance with subsections 30(4) and (5).


Decision 27435 Full Text of Decision 27435

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification carrying forward
Summary:

As for carrying forward 9 weeks of disqualification, ss. 30(4) specifies in clear language that the unserved portion of a disqualification must be carried forward to a subsequent claim established within two years of the event giving rise to that disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons garnishment or prosecution

Decision 27324 Full Text of Decision 27324

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification carrying forward
Summary:

Renewal claim 16-2-92 with 1 week left in the benefit period. A disentitlement and a 12-week disqualification are imposed. New initial claim 24-5-92. The Board reduced the carrying forward to 5 weeks saying that availability was proven for 7 weeks from 31-3-92. Erroneous application of ss. 30(4).


Decision 37553 Full Text of Decision 37553

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification employment about to terminate
Summary:

Having quit his job three weeks before expiration of his contract, the claimant was disqualified. While recognizing that claimant had voluntarily quit his job without just cause, the Umpire found that par. 28.3(1) (a) [ now 33(1) (a) ] which calls for a disentitlemnt rather than disqualification was applicable.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability end of contract
board of referees errors in law misinterpretation of provision

Decision 25997 Full Text of Decision 25997

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification employment about to terminate
Summary:

Left in 10-93 one week before layoff would have occurred. Disentitled for the remainder of his claim. Decision upheld by the Board. The Board made its decision in consideration of all the facts of the case and there is no error under para. 80(c). [NOTE: new s. 28.3 came into force on 3-7-94]


Decision 15046 Full Text of Decision 15046

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification employment about to terminate
Summary:

Left 1-9; UI claim 1-10; job to terminate 13-10 as per claimant. Some confusion as to date work would have ceased in any event, which would affect duration of disqualification as claim made 1-10; burden of proof on claimant to show he could not have worked after 13-10.


Decision 12811A Full Text of Decision 12811A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification employment about to terminate
Summary:

Claimant states that he would have been laid off 6 days later in any event. Nevertheless he should have waited it out. Disqualification however reduced to 2 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions unsatisfactory

Decision 12234 Full Text of Decision 12234

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification employment about to terminate
Summary:

If s.27 had been invoked it is likely that the usual practice, where a temporary job is involved, of reducing the maximum 6 weeks disqualification to the expected duration of the temporary employment would have been imposed. [obiter dictum]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions transportation difficulties
board of referees issue not recognized decision not to reconsider

Decision 21616 Full Text of Decision 21616

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification event giving rise to
Summary:

Hospital worker who arranged for a 6-month leave of absence from 7-90 to 1-91. Applied for regular UI in 11-90. Hospital could not grant her request to return in 11-90 as it had hired someone for 6 months. Held that the voluntary leaving occurred in 7-90 rather than in 11-90.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability maternity leave

Decision 11333 Full Text of Decision 11333

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification expiration
Summary:

Reading 30(1) in that context makes it clear that a disqualification once imposed endures, during the life of the benefit period, until served regardless of whether disentitlement (for being employed) intervenes. Buttressed by 30(4) and (5).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
basic concepts benefit periods duration
claim procedure address of normal place of residence change

Decision A-0583.94 Full Text of Decision A-0583.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

12-week disqualifications to be reserved only for the most serious of cases, not unlike the situation in criminal sentencing where there is a range of possible sentences. If there are extenuating circumstances, less than 12 weeks should be imposed with the shortest in the most sympathetic cases.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers

Decision 25463 Full Text of Decision 25463

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Refer to: A-0583.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study
basic concepts disqualification length powers

Decision 24649 Full Text of Decision 24649

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The Board reduced the disqualification to 3 weeks. Until 3-4-93, a disqualification for misconduct or voluntary leaving ranged from 7 to 12 weeks. Now it is for each week in a benefit period. Neither the Commission nor the Board can speculate as to the duration of the disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue

Decision 18432 Full Text of Decision 18432

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

A 6-week disqualification is the maximum penalty, and is reserved for the most blatant cases of abusing the system. Here the Board's failure to consider the period of disqualification is an error of law. Onus on claimant to show that there are extenuating circumstances.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions unsatisfactory

Decision 15818 Full Text of Decision 15818

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

It has been noted time and again in Umpires' decisions that where Parliament provides a maximum period of disqualification, it is to be imposed only in the most egregious of cases. Here it is clear that claimant's conduct was far from flagrant. 1-week disqualification is enough.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees natural justice free of bias
voluntarily leaving employment applicability maternity leave

Decision 15175 Full Text of Decision 15175

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

It is a well-known principle that where Parliament establishes a maximum penalty, and no minimum, then the maximum is to be levied only in the most flagrant, abusive, abhorrent or gross circumstance.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct refusal to obey orders
basic concepts disqualification minimum

Decision 14179 Full Text of Decision 14179

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

6 weeks is the maximum to be imposed in those extreme and clearcut cases where an employee quits for no reason at all. The other extreme are those where an employee quits for some valid, personal reason not amounting to just cause.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions hours
voluntarily leaving employment working conditions hard work

Decision 14171 Full Text of Decision 14171

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

It is admitted that this sliding scale in ss.43(1) is to recognize any number of mitigating factors in any given case and give some discretion in the severity of the penalty which might be imposed.


Decision 13936 Full Text of Decision 13936

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Because the disqualification of 6 weeks is the maximum it should not be imposed automatically in every case but should be reserved for the more flagrant examples of persons who leave not only without just cause but without any good reason.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability tantamount to leaving
voluntarily leaving employment working conditions hours

Decision 12195A Full Text of Decision 12195A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The length of the disqualification period, which may run from a minimum of one week to a maximum of six, must reflect the difference between those who leave work to return to school or rejoin their families, and those who leave for no such good reason.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses preparatory period
voluntarily leaving employment working conditions change

Decision 13361 Full Text of Decision 13361

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Left because he was getting fewer and fewer hours. Worked 3 days in the last week. The 6-week maximum should be reserved for the most blatant cases. There were extenuating circumstances here including the diminishing hours and the unpleasant atmosphere.Reduced from 6 to 4 weeks.


Decision 11492A Full Text of Decision 11492A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The maximum 6 weeks are appropriate only in the most serious cases where a claimant has left without any reason or regard for future work. Here, he had good reason to believe that he could get another job shortly [which materialized]. Disqualification reduced to 2 weeks.


Decision 13303 Full Text of Decision 13303

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Loss of employment 1 day per week resulting in 6 weeks of disqualification. This seems harsh and grossly unfair considering the $66 savings on the amount of benefits (6 weeks x $11) the CEIC would have paid him during that 6-week period. Disqualification reduced to 2 weeks.


Decision 13064 Full Text of Decision 13064

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The maximum should only be imposed when the claimant voluntarily leaves his employment for no valid reason. The Board said the claimant had a valid reason, only that the reason was personal. Disqualification reduced to 3 weeks.


Decision 13019 Full Text of Decision 13019

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Disqualification relating to leaving voluntarily reduced from 3 weeks to 1: looked for other employment before leaving, conscientious person with serious grievance.


Decision 12779 Full Text of Decision 12779

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The Board did not consider that issue. The maximum disqualification was not appropriate. The employment was part-time. The evidence concerning the circumstances under which he left is at best confused. He held the job for a very short time. Disqualification reduced to 1 week.


Decision 11595A Full Text of Decision 11595A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Disqualified 6 weeks. Left after 3 days. Job not full-time: a maximum of 24 hours per week only was promised. Because the job was part-time, disqualified reduced to 5 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment health reasons

Decision 12252 Full Text of Decision 12252

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

When Parliament imposes a maximum penalty of any kind, it prescribes that maximum only for the grossest, most flagrant cases. That maximum ought rarely to be imposed because it is the extreme penalty. The vast majority of cases ought to start off at 3 or 4 weeks. [p. 8]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties clear and simple language
voluntarily leaving employment working conditions salary

Decision 12126 Full Text of Decision 12126

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

No discretion in imposing disqualification but discretion in the length; a claimant who leaves suitable work without good reason should endure the maximum of 6 weeks; those who leave for valid personal and domestic reasons should receive a much shorter disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons family considerations
basic concepts disqualification minimum

Decision 12080 Full Text of Decision 12080

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

Leaves part-time employment after having been employed full-time for a long time. Since claimant had to accept reduced hours to retain his employment I will reduce the disqualification to 3 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions hours

Decision 11662 Full Text of Decision 11662

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

The disqualification period should correspond in length to the degree of the 'offence' or, perhaps more properly, with the degree of the wantonness with which claimant leaves his employment.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment commuting distance too great

Decision 11453 Full Text of Decision 11453

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

S.41 imposes disqualification without discretion. Discretion is found in s.43 and relates only to length of disqualification. If no valid reason one should suffer maximum disqualification but not if one leaves for entirely responsible personal reasons.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment not definite

Decision 11410 Full Text of Decision 11410

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

There is jurisprudence to the effect that if part-time work is lost through misconduct, disqualification should be reduced proportionately to the amount of work actually lost. In the absence of information, I assume it was half-time and disqualificationreduced to 3 weeks. Disqualification reduced to 3 weeks as it was part-time work. Maximum disqualification limited to most extreme cases. While it was irresponsible of claimant to absent himself as he did, it was to find full-time work, so disqualification further reduced to 2 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct absences from work
reconsideration of claim overpayment time limitation for recovery
reconsideration of claim factual cases retroactive disqualification

Decision 11045 Full Text of Decision 11045

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length
Summary:

There are cases at both extremes, the one where claimant quits perfectly suitable employment for no reason; the other where there may be entirely valid personal reasons, yet not just cause. The validity of the reasons must be reflected in the length of the disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment health reasons

Decision 26398 Full Text of Decision 26398

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0037.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction

Decision A-0037.95 Full Text of Decision A-0037.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

The Umpire's decision to reduce the period of disqualification established by the Commission was ill-founded. It is quashed and the case is referred back for a new decision, with the understanding that the claimant's appeal had to be dismissed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction

Decision 24926 Full Text of Decision 24926

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0465.94


Decision A-0465.94 Full Text of Decision A-0465.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

It is clear here that the Umpire did not find any palpable error in the exercise by the Commission of its discretion under para. 27(1)(a) and ss.30(1). He simply substituted his opinion for that of the Commission. That he could not do. Refusal of work. It is now well established by several decisions of this Court that neither a Board nor an Umpire has jurisdiction to interfere with the exercise by the Commission of a discretionary power unless they become convinced that the discretionwas exercised in a non-judicial manner.


Decision A-0008.95 Full Text of Decision A-0008.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

In deciding to reduce the period of disqualification, the Umpire exceeded his jurisdiction; not entitled to interfere unless the discretion was exercised in a "non-judicial manner"; in other words, unless the exercise of discretion was tainted by a fundamental error.


Decision A-0583.94 Full Text of Decision A-0583.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

12-week disqualification for voluntary leaving rescinded by Board. Held by the Umpire that claimant did not have just cause for leaving but, due to extenuating circumstances, a 7-week was reimposed. Held by the Court that there was no ground for interfering with the period of disqualification. Neither the Board nor the Umpire has jurisdiction to fix the periods of disqualification. Only the Commission has that power, but it must exercise it according to law. This Court will not lightly interfere with these discretionary decisions, as long as the Commission follows these guidelines (varying the lengths of disqualification). If it fails to follow them, the Board or Umpire may send the matter back to the Commission for redetermination accordingly. This new jurisprudence (Umpires not allowed to reduce disqualification) does not mean that the Commission now has carte blanche to ignore the will of Parliament and to impose the maximum period automatically. To do so might well amount to a fundamental error subject to review by this Court.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length

Decision A-0453.94 Full Text of Decision A-0453.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Disqualification reduced by Board from 9 to 3 weeks. Appeal by Commission. The Umpire imposed the minimum 7 weeks. The decision of the Umpire concerning the alteration of the period of disqualification is set aside. Also, the Board erred in altering the disqualification as fixed by the Commission.


Decision 25903 Full Text of Decision 25903

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0685.94


Decision A-0326.94 Full Text of Decision A-0326.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Length of disqualification for misconduct reduced from 10 to 7 weeks by Umpire. On consent, the decision of the Umpire is set aside on the basis that an Umpire does not have authority to reduce the period of disqualification for benefit.


Decision A-0685.94 Full Text of Decision A-0685.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Length of disqualification for refusal of work reduced from 10 to 7 weeks by Umpire. The decision of the Umpire is set aside on the basis that an Umpire has no authority to reduce the period of disqualification.


Decision 24526 Full Text of Decision 24526

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0326.94


Decision A-0265.94 Full Text of Decision A-0265.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Length of disqualification for misconduct reduced from 11 to 7 weeks by Umpire. On consent, the decision of the Umpire is set aside on the basis that, in the circumstances of this case, the Umpire cannot modify the length of the disqualification imposedby the Commission.


Decision 24325 Full Text of Decision 24325

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0265.94


Decision A-0464.94 Full Text of Decision A-0464.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

This issue has recently been decided by this Court in PHUNG. Earlier Court decisions should now be interpreted in the light of this decision. The Umpire was therefore in error in varying the disqualification imposed by the CEIC from 8 to 7 weeks because of his finding of extenuating circumstances. At issue: the power to reduce length of disqualification. In the rare case where a Commission decision can be set aside for fundamental error, the Umpire or Board of Referees is limited to referring the matter back to the Commission for a proper exercise of its discretion.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers

Decision 24929 Full Text of Decision 24929

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0464.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers

Decision A-0343.94 Full Text of Decision A-0343.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Length of disqualification for voluntary leaving reduced from 8 to 7 weeks by Umpire. The decision of the Umpire is set aside. In the circumstances of this case, the Umpire cannot modify the length of the disqualification imposed by the Commission.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs

Decision 24538 Full Text of Decision 24538

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0343.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment delay between two jobs

Decision 25936 Full Text of Decision 25936

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0689.94


Decision A-0689.94 Full Text of Decision A-0689.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Disqualification period reduced from 6 to 3 weeks by the umpire. Case returned to the umpire so that he may make a new decision taking it for granted that in the circumstances of this case, he cannot amend the duration of the disqualification period imposed by the Commission.


Decision A-0308.94 Full Text of Decision A-0308.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

The jurisprudence establishes clearly that neither a Board nor an Umpire may exercise the discretionary powers conferred on the CEIC. Such a decision cannot be overturned unless vitiated by a fundamental error. There is no reason not to apply this to a decision fixing the length of a disqualification.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers

Decision 25463 Full Text of Decision 25463

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0583.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study
basic concepts disqualification length

Decision 24937 Full Text of Decision 24937

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0453.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability end of contract

Decision A-0023.94 Full Text of Decision A-0023.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

The Umpire found no error on the part of the Board and, indeed, expressed agreement with the conclusion that claimant had voluntarily quit without just cause. He nevertheless rescinded the disqualification. In the absence of a finding of error, he has no jurisdiction to vary the Board's decision.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal natural justice and error in law or in fact

Decision 23731 Full Text of Decision 23731

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-0023.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal natural justice and error in law or in fact

Decision 21822 Full Text of Decision 21822

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Refer to: A-1463.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons cross-appeal
umpires grounds of appeal capricious finding req'd

Decision A-1463.92 Full Text of Decision A-1463.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

In the circumstances, we want to leave open the question of an Umpire's jurisdiction over the merits of a disqualification on an issue as to quantum.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees special reasons cross-appeal
umpires grounds of appeal capricious finding req'd

Decision A-0917.83 Full Text of Decision A-0917.83

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length powers
Summary:

Matter referred back to Umpire to decide whether 6 week disqualification should be reduced.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability duration of disqualification

Decision 63204 Full Text of Decision 63204

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length indefinite
Summary:

Subsection 30(2) of the Act states: "The disqualification is for each week of the claimant's benefit period following the waiting period and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period". The Umpire found that the Board of Referees erred when it upheld the Commission's decision, but terminated the claimant's disqualification March 15, 2004.


Decision A-0492.94 Full Text of Decision A-0492.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification length indefinite
Summary:

Left work to take a 10-month course. Appeal allowed by Umpire from termination date of course. Claimant was disqualified for the whole period of her claim for having taken herself out of the work force without just cause. The Umpire was wrong in disputing the validity of that conclusion. Since the coming into force of s. 30.1 of the Act on 3-4-93, the disqualification period has been established as the full benefit period. The discretion that had previously been conferred on the Commission to reduce the period of disqualification, if extenuating circumstances, has been withdrawn.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires jurisdiction question not at issue
voluntarily leaving employment new employment employment defined
voluntarily leaving employment new employment applicability
voluntarily leaving employment applicability employment definition

Decision 21932 Full Text of Decision 21932

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

Under s. 30, the minimum period of disqualification for misconduct is 7 weeks. I must conclude that the Board erred in law in reducing the disqualification period to 6 weeks when the Act indicates that 7 weeks is the minimum penalty.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires right of appeal delay in scheduling hearing
umpires jurisdiction question not at issue

Decision 15226 Full Text of Decision 15226

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

There are extenuating circumstances which dictate that only the minimal period of disqualification should be imposed. Accordingly, the 5-week disqualification is reduced to 1 week.


Decision 15175 Full Text of Decision 15175

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

The disqualification is hereby reduced to one week only, since there is no statutory unit smaller than that.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct refusal to obey orders
basic concepts disqualification length

Decision 14381 Full Text of Decision 14381

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

Claimant shoved his foreman deliberately. That action was undoubtedly misconduct. The factors leading up to the incident and the stresses from which claimant was suffering are all extenuating circumstances which reduce the disqualification to the minimum of 1 week.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct acts of violence

Decision 13135 Full Text of Decision 13135

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

The disqualification period is reduced from 3 weeks to the minimum period possible: one week.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal capricious finding req'd

Decision 12455 Full Text of Decision 12455

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

In the circumstances, the minimum period of disqualification is warranted. It is reduced from two to one week.


Decision 12126 Full Text of Decision 12126

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

Disqualification associated with voluntarily leaving reduced to one day; question of duration of less than one week not argued.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons family considerations
basic concepts disqualification length

Decision 11842 Full Text of Decision 11842

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

A 2-week suspension seems extremely harsh in the circumstances. I am prepared to reduce the suspension from 2 weeks to 2 days.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions salary

Decision 11671 Full Text of Decision 11671

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification minimum
Summary:

2 week penalty under s. 43 reduced to minimum, 1 week.


Decision 22116 Full Text of Decision 22116

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification multiple
Summary:

Refer to: A-1692.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
availability for work applicability relation with refusal of work

Decision A-1692.92 Full Text of Decision A-1692.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification multiple
Summary:

Two refusals of employment leading to two statements of disqualification and one disentitlement. According to the umpire, disqualification and disentitlement cannot be imposed for the same reasons. Error in law, according to the Court. Disqualification and disentitlement relate to different realities and distinct regimes.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
availability for work applicability relation with refusal of work

Decision 17763 Full Text of Decision 17763

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification multiple
Summary:

Left 2 jobs, one on 5-5 and the second on 29-8. Disqualifications for two 3-week periods upheld.


Decision 12854 Full Text of Decision 12854

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification multiple
Summary:

Disqualified for 6 weeks in 11-85 for leaving voluntarily, 6 weeks in 1-86 for refusing employment and disentitled in 3-86 for non-availability.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement

Decision A-0244.94 Full Text of Decision A-0244.94

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification rationale
Summary:

The disqualification provisions of the Act (s. 27, 28 and 30) are generally recognized as penal sanctions intended "to deter claimants from unjustifiably quitting their job, losing it through their own fault, or failing to avail themselves of employment opportunities" (CUB 11941).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts types of claims
basic concepts disqualification applicability
board of referees rules of construction intent and object
voluntarily leaving employment applicability employment last

Decision 24276 Full Text of Decision 24276

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification rationale
Summary:

Refer to: A-0244.94

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts types of claims
misconduct loss of employment definition
basic concepts disqualification applicability
board of referees rules of construction intent and object
voluntarily leaving employment applicability employment last

Decision 40935 Full Text of Decision 40935

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification weeks of insurable employment excluded
Summary:

Subsection 30(6) provides that no hours of insurable employment in any employment that the claimant loses may be used for the purpose of determining the maximum number of weeks of benefits. The Commission having determined that the claimant quit his job without "just cause", the number of weeks of employment at Kelly's are not counted.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification weeks of insurable employment excluded
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