Decision 38101
Full Text of Decision 38101
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number of weeks |
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Summary:
Claimant submits that the employer calculated the work weeks according to the employer's guide and maintains that if this is the proper method for assessing the employer, it should be appropriate for calculating the number of insurable weeks. Unfortunately, the purpose of the employer's guide is to facilitate the calculation of payroll deductions rather than to determine benefit entitlement. Under section 36(6) of the Regulations, the calendar week is to be used to determine entitlement.
Decision A-0295.96
Full Text of Decision A-0295.96
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Summary:
Differences in treatment due to application of s. 36.2 are in no way groundless, since they are intended to bring the number of weeks of insurable employment into line with the number of premiums paid, which is quite legitimate in an insurance system involving salary-based premiums from employers and employees. Umpire erred in finding para. 36.2(b) of the Regulations ultra vires and refusing to apply it.
Decision 26620
Full Text of Decision 26620
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Summary:
Insurable weeks are to be calculated using the definition of weeks in s. 2: the 7-day period commencing on a Sunday and ending on the following Saturday. Ss. 36(6) limits the insurable weeks to total calendar weeks. Claimant has 20 weeks using the employer's pay periods but the time period covered only 19 calendar weeks.
other summary
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| basic concepts |
insurability |
number of weeks |
maximum |
Decision 20971
Full Text of Decision 20971
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Summary:
Refer to: A-0592.92
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| basic concepts |
responsibility for ui administration |
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Decision A-0592.92
Full Text of Decision A-0592.92
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Summary:
Claimant worked from 16-11-89 (Thursday) to 28-3-90 (Wednesday), that is exactly 19 full pay weeks. A minimum of 20 was required to become eligible for UI. The week begins on the Sunday according to s. 2. The 18 full calendar weeks plus the 2 partial calendar weeks provide him with 20 weeks.
other summary
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| basic concepts |
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Decision 18532A
Full Text of Decision 18532A
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Summary:
Held that as claimant worked on Thursday, Friday, Saturday, Monday and Tuesday in week 1 of a bi-weekly pay period which ran from Thursday to the second following Wednesday and as reg. 13(1) was met with respect to 2 weeks' earnings, this gave him credit for 2 insured weeks.
Decision 20969
Full Text of Decision 20969
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Summary:
According to CEIC, the insured has only 19 weeks; he would have 20 if weeks were counted from Sunday to Saturday. Referring to CUB-17067 and 15272 and applying the definition of "week" in Section 2, the number of insurable weeks is 20.
Decision 15468A
Full Text of Decision 15468A
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Summary:
Claimant has 18 weeks instead of 20 in 52 weeks counted back from 5-10-87. If claim antedated to last day worked, 23-9-87, he would have lost the insurable week in which 23-9 fell resulting in 19 and not 20 insured weeks.
Decision A-0116.79
Full Text of Decision A-0116.79
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Summary:
8 weeks of insurable employment ending on Friday, 2-12. 8th week may be counted if the benefit period starts on the following Sunday, 4-12, but not if it starts on the preceding Sunday, 27-11.
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| board of referees |
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Decision 26620
Full Text of Decision 26620
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number of weeks |
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Summary:
Insurable weeks are to be calculated using the definition of weeks in s. 2: the 7-day period commencing on a Sunday and ending on the following Saturday. Ss. 36(6) limits the insurable weeks to total calendar weeks. Claimant has 20 weeks using the employer's pay periods but the time period covered only 19 calendar weeks.
other summary
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insurability |
number of weeks |
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Decision 22476
Full Text of Decision 22476
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Summary:
Refer to: A-0310.93
Decision A-0310.93
Full Text of Decision A-0310.93
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Summary:
Because the insured had held down two different jobs during two distinct parts of the same week, the umpire counted each part of the week as a week of employment. It seems to us obvious that he committed an error in law. Reg. 36(6) cited. Referral to O'CONNOR and CLOUTIER M.
Decision 18627B
Full Text of Decision 18627B
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Summary:
Claimant had 25 weeks of employment according to the two Records of Employment on file. However, 8 weeks overlapped and were earned during the same calendar week leaving only 17 insured weeks of employment, whereas she required 19 to qualify.
Decision 21403
Full Text of Decision 21403
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Summary:
What reg. 36 means, in effect, is that in any given period of time there cannot be more "weeks of insurable employment" than there are calendar weeks or part weeks. Week is defined in the Act. That period of 30-1-90 to 24-2-90 consists of 25 days being 4 weeks or part weeks.
Decision 19928
Full Text of Decision 19928
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Summary:
Worked for 2 employers during the same week; Board came to conclusion this was not relevant. Board committed error in law as only one week of insurable employment can be considered for a calendar week under Reg. 36(6).
Decision 18532
Full Text of Decision 18532
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Summary:
Employer's bi-weekly pay period runs from Thursday to the 2nd following Wednesday. Claimant worked 5 days, from Thursday to the following Tuesday. He contends he has 2 insured weeks based on the definition of a week in 2(1). I agree provided that reg. 13(1) is met.
Decision 17607
Full Text of Decision 17607
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Summary:
Eligibility is based on insurable employment, not on insurable earnings. Vacation pay would increase the amount of income that was insured, but it cannot give one an additional insured week. Insured weeks cannot be greater than number of weeks of employment.
other summary
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vacation pay |
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Decision 17067
Full Text of Decision 17067
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Summary:
Claimant submits that the definition of week in 2(1)(y) does not apply to calculation of insurable weeks which ought to coincide with pay periods and premiums. Regardless of the logic of this argument, reg. 36(6) makes it clear that 2(1)(y) applies.
Decision 16933
Full Text of Decision 16933
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Summary:
The week is defined as a period of 7 days, beginning on Sunday. As the period from 30-12-86 to 26-4-87 covers only 18 weeks and in view of Reg. 36(6), the insured person could not have 19 or 20 weeks during that period.
Decision 16554
Full Text of Decision 16554
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Summary:
Claimant has 9 instead of the 10 weeks required. His employment in week 14-9 covered 2 pay periods. Week defined in UI Act. One cannot be credited for 2 insured weeks in one week even if he had 2 pay periods in it.
Decision 15272
Full Text of Decision 15272
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Summary:
Record of Employment shows 2 weeks from 24-6 (Tuesday) to 27-6 (Friday), this period falling in 2 distinct pay periods. Para. 2(1)(y) defines weeks as commencing on Sunday. This becomes a little more clear if read in conjunction with reg. 36(6). The period at issue can only count as 1 week.
Decision 15187
Full Text of Decision 15187
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Summary:
There are only 14 calendar weeks between first and last day worked. Record of Employment was explained but this included some duplication of weeks. There can be no more than one insured week for a week worked. Reg. 36(6) makes it clear.
Decision 14285
Full Text of Decision 14285
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Summary:
The Board found claimant has 16 insured weeks. He commenced work 30-12-85 and terminated 11-4-86. There are 15 calendar weeks in that period, one of which not insurable. The number of insurable weeks cannot exceed the calendar weeks.
Decision 14182
Full Text of Decision 14182
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Summary:
Is it possible to accumulate 11 insurable weeks from 18-5 to 24-7-86 [a 10-week period]? Unfortuntately not, because of Reg. 36(6).
Decision 14100
Full Text of Decision 14100
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Summary:
Record of Employment shows 7 weeks from 7-7-86 to 15-8-86. After review of the calendar for that period, I am satisfied that the number of weeks was 6, not 7. Claimant testified that in the last week he had worked double shifts some days. Reg. 36(6) must be strictly adhered to.
Decision 11312
Full Text of Decision 11312
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Summary:
Reg. 36(6) applies here. Claimant worked from 7-6-84 (Thursday) to 21-7-84 (Saturday). It is clear that there are only 7 calendar weeks in this period. The employer was correct in stating 8 insurable weeks but under the legislation, calendar weeks must be used.
other summary
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| board of referees |
statement of facts |
as a requirement |
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Decision A-0438.81
Full Text of Decision A-0438.81
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Summary:
Two separate periods of employment in same week. Week starts on Sunday, under s. 2. Anyone who works for only one calendar week cannot be regarded as having worked 2 weeks. Reg. 36(6) does not apply where there has been no interruption of earnings.
