Decision 15652

Case Number Claimant Judge Language Decision date
Decision 15652   McNair  English 1988-08-16
Decision Appealed Appellant Corresponding Case
Allowed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  applicability 

Summary:

Where the issue turns on self-employment, it becomes necessary firstly to determine whether the person is in fact self-employed. If so, the next question is whether the employment is so minor in extent.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  minor in extent 

Summary:

6 factors as per CUB 5454. Times of day or week work is done is relevant. Claimant saw her restaurant function as purely supervisory, hired qualified help to manage business in her absence. Retirement investment staffed so she could continue cooking in camps. Active job search.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  restaurants 

Summary:

Commission placed great reliance on the fact that the ownership and operation of a café were indicative of the pursuit of a full-time occupation. On first impression this may well be true, but the particular facts here tend to belie this. Retirement investment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  decision incomplete  principal means of livelihood 

Summary:

The Board did not consider whether claimant's activities were minor in extent. This failure constituted an error of law.


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