Summary of Issue: Duty Of Commission

Decision 71458 Full Text of Decision 71458

The claimant consulted a Commission agent to see if she could terminate her employment insurance benefits and apply to receive benefits in virtue of the Employment Insurance (Fishing) Regulations, which benefits would be more advantageous. The claimant was advised by the Commission agent that she could change her claim. The information provided to the claimant was erroneous and this is deeply regretted but the Board as well as the undersigned must decide according to the provisions of the Employment Insurance Act and it’s Regulations which can only be amended by Parliament. One only has to refer to the sections involved and to read them in their entirety to come to the conclusion that a claimant is not entitled to choose the most advantageous route to him, but rather must follow the Act as passed by Parliament. The claimant's appeal is dismissed.

Decision 23958 Full Text of Decision 23958

Claimant complains that Commission failed to inform him that he could cancel a prior claim and establish a new one. According to CUB 12985, the Commission is under no obligation to inform the claimant about all the complex options open to him to maximize the benefits.

Decision 11986 Full Text of Decision 11986

It is not Commission employees' responsibility to tell an applicant how he or she should answer questions so as to avoid being disentitled. All they should do is to record the answers truthfully and accurately.