Decision 11333

Case Number Claimant Judge Language Decision date
Decision 11333   Reed  English 1985-10-28
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  disqualification and disentitlement 

Summary:

It is argued that the disqualification under 28(1) cannot be served when a claimant has been disentitled for failing to comply with s.41. This argument is well founded.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  benefit periods  duration 

Summary:

Benefit period generally continues for 52 weeks. A claimant who finds employment is not entitled to receive UI while employed. But the benefit period is not thereby terminated; it continues to exist and may be reactivated later with no waiting period toserve.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  disqualification  expiration 

Summary:

Reading 30(1) in that context makes it clear that a disqualification once imposed endures, during the life of the benefit period, until served regardless of whether disentitlement (for being employed) intervenes. Buttressed by 30(4) and (5).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure  address of normal place of residence  change 

Summary:

On 1-4, claimant changed his address and informed the Commission. On 27-4, claimant went from Vancouver to Winnipeg and there is no evidence to support this change of address. As a result, disqualification for voluntary leaving not served upon filing renewal claim.


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