Decision 10889

Case Number Claimant Judge Language Decision date
Decision 10889   Dubé  English 1985-07-29
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  availability for work 

Summary:

Claimant states he was available, but the issue here is not one of availability but of unemployment. The state of being employed does not exclude intention to find other work. A person may seek a 2nd and 3rd source of employment and yet not be unemployed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  church minister 

Summary:

Due to financial position of Church, claimant does not receive any salary except rent. Even if assumed he would not work 8 hours per day, it would still not follow that Board was wrong. Case law clear that one may be employed without salary or wages.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  not a trial de novo 

Summary:

Claimant wanted to testify under oath before the Umpire. S.80 does not provide for a new trial but for an appeal. Credibility was for the Board and is not for the Umpire. Of course, if new evidence were discovered since the hearing of the Board, I wouldhear it or send it to the Board.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  jurisdiction  evidence new  witnesses 

Summary:

Claimant wanted to testify under oath before the Umpire. S.80 does not provide for a new trial but for an appeal. Credibility was for the Board and is not for the Umpire. Of course, if new evidence were discovered since the hearing of the Board, I wouldhear it or send it to the Board.


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