Decision 13802A

Case Number Claimant Judge Language Decision date
Decision 13802A   Martin  English 1988-08-17
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  friends or relatives 


In order to determine whether claimant was employed at his son's garage, one must examine the relationship between the parties to determine if there existed an employer-employee relationship out of which the person who provided the services could expectsome kind of remuneration. No employer-employee relationship between father and son in the normal sense. A casual arrangement whereby the father would from time to time at his sole discretion and without any remuneration lend a hand at the garage, is not employment. As in CUB 11084, there being no evidence of any remuneration, direct or indirect, immediate or eventual, claimant cannot be deemed to have been working for his son during the relevant periods. No indirect remuneration despite claimant's wife's shares inthe business. It is significant that no one is hired to replace claimant when he is not available to help out at his son's garage because that fact tends to corroborate claimant's evidence that all the time he spends at the garage is not spent working there.

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