Decision A-0415.95
Full Text of Decision A-0415.95
summary
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insurability |
insured earnings nil |
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Summary:
Severance pay of $48,892 allocated from 30-6-91 to 20-9-92. During that time, claimant worked from 3-12-91 to 16-6-92 in insurable employment but earned no money and no premiums paid. Stating that the claimant's employment did not end until final allocation of sev. pay, Umpire ordered that benefit rate be calculated on the second last employment. FCA ruled that there was no ambiguity in ss.13(2) of the UI Act and that it could only refer to the 20 weeks of insurable employment which occurred last in time in the qualifying period.**Claimants do not make claims in respect of particular employments but rather in respect of a loss of employment and a corresponding interruption of earnings. A claimant cannot pick and choose which employment or employments in respect of which he or she wishes to make a claim. Commission appeal allowed.
other summary
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| interruption of earnings |
layoff or separation |
definition |
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rate of benefit |
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Decision 21466A
Full Text of Decision 21466A
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| basic concepts |
insurability |
insured earnings nil |
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Summary:
Claimant hired to provide services in exchange for a share of profits. Clearly under a contract. Employment ruled insurable. No profits were realized during the period of employment. She has sufficient weeks to establish a benefit period but her insurable earnings are nil.
Decision 18847
Full Text of Decision 18847
summary
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insurability |
insured earnings nil |
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Summary:
Worked as realtor from 1-8-85 to 2-8-86 earning $840 in the 52-week period. From 1-8-86 to 31-1-87 he worked for Canada Trust but had no earnings. Although he had a sufficient number of weeks to establish a claim, the rate of benefit was nil [60% of no earnings in last 20 weeks].
other summary
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| basic concepts |
rate of benefit |
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Decision 14249
Full Text of Decision 14249
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| basic concepts |
insurability |
insured earnings nil |
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Summary:
Claimant employed 10 weeks as a commissioned salesperson but earned no commission. NR/T ruled that employment was insurable within 3(1)(a) even though no insurable earnings. Weeks included in calculation of rate of benefit. This is in keeping with the legislation.
other summary
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| basic concepts |
rate of benefit |
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Decision 11664
Full Text of Decision 11664
summary
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| basic concepts |
insurability |
insured earnings nil |
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Summary:
Employed 10 months in real estate business. He was employed strictly on commission basis and, as he completed no transactions, he received no remuneration and thus had no insurable employment.
