Decision 29339
Full Text of Decision 29339
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
Nothing on file related to the Commission's internal policy referred to by the Board. In any event, the Board and the Umpire must make their own interpretations of the facts and the legislation. Whether the Commission had conflicting internal interpretations is irrelevant. The Board erred in law.
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teaching |
contract terminating with end of school year |
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teaching |
earnings |
summer months |
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Decision 25241A
Full Text of Decision 25241A
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guidelines from the Commission |
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Summary:
It is true that the form of Application for UI Benefits is deficient when it asks the question "Did you or will you get any other monies from your last employer". But it is not the form which governs. It is the requirements of the Act and its Regulations which must prevail over the form.
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earnings |
income |
in kind |
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Decision 24413
Full Text of Decision 24413
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
Although the Act clearly states that both criteria must be met, the literature does not include the word "and" between the two requirements. The Board found that the claimant had been severely misled and allowed the additional 5 weeks of parental benefits. The Board erred in law.
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parental benefits |
extension of maximum |
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Decision 23828
Full Text of Decision 23828
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
In support of its conclusion, the Board refers to the Digest of Benefit Entitlement Principles 6.2.5 which is most certainly not binding on the Board or on the Umpire, although it indicates how the Commission agent should interpret "leaving without just cause".
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voluntarily leaving employment |
applicability |
end of contract |
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voluntarily leaving employment |
applicability |
armed forces |
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Decision 20091
Full Text of Decision 20091
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
In a letter to the City of Winnipeg, the CEIC stated that from now on benefits under the plan would be considered wage loss instead of a disability pension and "prior cases" would not be reviewed. This led the Umpire to thoroughly examine the reasonableexpectation doctrine.
other summary
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earnings |
disability pension |
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earnings |
wage-loss indemnity |
vs disability pension |
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Decision A-1007.85
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
While administrative policy is entitled to weight and can be an important factor in case of doubt, it cannot be determinative. One cannot rely simply on past practice as the foundation for his claim for exemption of such benefits [strike pay] under the Income Tax Act.
Decision 15683
Full Text of Decision 15683
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
Not clear whether claimant relied upon contents of BC Circular 86-1. However it does not matter whether she did. Instructions by CEIC to its employees on how various sections of the legislation were interpreted and administered, cannot override the actual provisions of the Act.
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earnings |
pension |
own contributions |
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earnings |
income |
arising out of any employment |
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earnings |
pension |
charter |
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Decision 14268
Full Text of Decision 14268
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
The circular in question [CEIC 83-4] cannot constitute the applicable law, and in any event it was superceded by amendments to Regulations. [p. 4]
Decision 10602
Full Text of Decision 10602
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board of referees |
jurisdiction |
guidelines from the Commission |
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Summary:
The chairperson obtained a circular from the Commission and applied its contents. I accept claimant's argument that the Board abdicated its decision-making responsibilities and did not make an independent decision. It deferred to the Commission's decision. [p._15]
other summary
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board of referees |
observations from the Commission |
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sickness benefits |
otherwise available |
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umpires |
jurisdiction |
oral evidence |
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board of referees |
right to be heard |
improper hearing |
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board of referees |
natural justice |
free of bias |
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board of referees |
jurisdiction |
independent decision-making |
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