Decision 22862
Full Text of Decision 22862
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board of referees |
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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).
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penalties |
real estate salespersons |
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week of unemployment |
real estate salespersons |
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Decision 22208
Full Text of Decision 22208
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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availability for work |
restrictions |
hours of work |
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Decision 19688
Full Text of Decision 19688
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board of referees |
issue not recognized |
decision not to reconsider |
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Refer to: A-0516.91
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board of referees |
issue not recognized |
second notice a nullity |
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Decision A-0516.91
Full Text of Decision A-0516.91
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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board of referees |
issue not recognized |
second notice a nullity |
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Decision 19812
Full Text of Decision 19812
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board of referees |
issue not recognized |
decision not to reconsider |
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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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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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board of referees |
errors in law |
excess of jurisdiction |
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Decision 15302A
Full Text of Decision 15302A
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board of referees |
issue not recognized |
decision not to reconsider |
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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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board of referees |
issue not recognized |
decision not to reconsider |
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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).
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earnings |
income |
between spouses |
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Decision 15449A
Full Text of Decision 15449A
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board of referees |
issue not recognized |
decision not to reconsider |
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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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earnings |
allocation |
without services |
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teaching |
earnings |
winter holidays |
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Decision 16183
Full Text of Decision 16183
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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voluntarily leaving employment |
applicability |
voluntary layoff |
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Decision 15223
Full Text of Decision 15223
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board of referees |
issue not recognized |
decision not to reconsider |
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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]
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availability for work |
incompatible situations |
leave requested |
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availability for work |
job search |
warning before disentitlement |
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Decision 12746
Full Text of Decision 12746
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board of referees |
issue not recognized |
decision not to reconsider |
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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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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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availability for work |
restrictions |
transportation difficulties |
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basic concepts |
disqualification |
employment about to terminate |
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Decision T-2064.85
Full Text of Decision T-2064.85
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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board of referees |
decision of board |
implementation |
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board of referees |
issue not recognized |
second notice a nullity |
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Decision 11097
Full Text of Decision 11097
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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board of referees |
issue not recognized |
error by board |
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Decision 11108
Full Text of Decision 11108
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board of referees |
issue not recognized |
decision not to reconsider |
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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.
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claim procedure |
forms not received from Commission |
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board of referees |
issue not recognized |
second notice a nullity |
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board of referees |
issue not recognized |
correction to consider |
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