Summary of Issue: Applicability


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
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