Summary of Issue: Decision Not To Reconsider


Decision 22862 Full Text of Decision 22862

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Real estate agent; UIC erred in basing its decision on ss. 44(1), rather than para. 43(1)b). DOMINIQUE explained. It is unacceptable that UIC would give the claimant a notice citing s. 44 and subsequently indicate, in its submissions to the Board, that it was a case of application of ss. 43(1).

other summary
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penalties real estate salespersons
week of unemployment real estate salespersons

Decision 22208 Full Text of Decision 22208

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Restriction: no nights. Decision: considered employed to full extent of availability. It is now suggested by CEIC that allowing a 5-week period would have been reasonable. This has never been discussed and assumes that she would have refused after warning to broaden her job search.

other summary
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availability for work restrictions hours of work

Decision 19688 Full Text of Decision 19688

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Refer to: A-0516.91

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Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized second notice a nullity

Decision A-0516.91 Full Text of Decision A-0516.91

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Notice of refusal 10-5 based on refusal of work. Appeal to Board 3-6. Amended notice sent 17-6: voluntary leaving nullifies first notice and gives new right of appeal. Second notice held unacceptable: not authorized by s. 43 (no monies paid) nor 86. Judgment upheld by FC.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized second notice a nullity

Decision 19812 Full Text of Decision 19812

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board of referees issue not recognized decision not to reconsider
Summary:

Sum having value of remuneration distributed according to Reg. 58(10); case granted by Board; appealed by CEIC stating Reg. 58(18)(b) applicable. CEIC cannot now change courses midstream and refer to 58(18)(b) as new motive.


Decision 17504 Full Text of Decision 17504

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Claimant started to work in real estate in 5-86. Notice sent to her in 6-87 saying disentitled from 5-87. Board upheld disentitlement from 5-86. Claimant argues that 5-86 was not an issue. CEIC alleges typographical error and correct date is 5-86. Held that Board erred in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law excess of jurisdiction

Decision 15302A Full Text of Decision 15302A

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Claimant disentitled because he was engaged in business on his own account. The Board found he was not so engaged but was an employee. This should have settled the issue. It may well be he could have been disentitled on other grounds but Board limited to actual grounds invoked.


Decision 17120 Full Text of Decision 17120

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

CEIC must carefully choose the grounds on which it disqualifies the insured person and be able to prove those grounds. It appears that CEIC took the wrong direction by not referring to Reg. 43(1) and the notion of "co-venturer" but rather to Reg. 57(8).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income between spouses

Decision 15449A Full Text of Decision 15449A

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Contract covering the period from 3-12-85 to 11-4-86, excluding the period from 22 to 29-12-85. The sum of $408 distributed from 22 to 29-12-85, in accordance with Regulation 58(3). Not a period of teaching within the meaning of 58(3). Too late for CEIC to rely on 58(4).

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Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings allocation without services
teaching earnings winter holidays

Decision 16183 Full Text of Decision 16183

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

The right to recall does not constitue employment. This is in fact refusal to apply for a job and not voluntary termination. The Board and the judge can only rule on the decision rendered and not on that which CEIC could have or should have made.

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

Decision 15223 Full Text of Decision 15223

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

It may be that CEIC could have disentitled her because her actions and attitude showed that she was not seriously interested in working. But it chose the fact she wished to work days only. The CEIC must choose its grounds carefully. It cannot switch grounds once appealed. [p. 5]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work incompatible situations leave requested
availability for work job search warning before disentitlement

Decision 12746 Full Text of Decision 12746

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board of referees issue not recognized decision not to reconsider
Summary:

The only issue is whether claimant is employed a full working week under reg. 44. Whether he was self-employed under reg. 43 does not enter into the question. The Commission cannot change the basis of disentitlement after appeal launched: see FINDENIGG.


Decision 12234 Full Text of Decision 12234

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

The fact situation here should have been dealt with under s.27, not 14(a). However, there is no authority to convert a notice of disqualification given for one reason into a disqualification for another. See VON FINDENIGG.

other summary
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availability for work restrictions transportation difficulties
basic concepts disqualification employment about to terminate

Decision T-2064.85 Full Text of Decision T-2064.85

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Disqualified for voluntary leaving 6-5. Appeal filed 23-5. Amended notice showing misconduct sent 30-5. Board allows appeal regarding first notice and holds second notice as void. 3rd notice sent by CEIC showing misconduct. Writ of mandamus. Benefits to be paid under s. 87.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees decision of board implementation
board of referees issue not recognized second notice a nullity

Decision 11097 Full Text of Decision 11097

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

It cannot be emphasized too strongly that the Commission should choose its grounds carefully when it renders its decision, and should then be prepared to substantiate those grounds, and no others, if decision is appealed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized error by board

Decision 11108 Full Text of Decision 11108

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
Summary:

Pleadings serve the purpose of defining the issues in courts of record and may do so even if the hearing be summary in nature. The Commission is not permitted to switch issues after claimant appeals.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure forms not received from Commission
board of referees issue not recognized second notice a nullity
board of referees issue not recognized correction to consider
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