Decision 69780

Case Number Claimant Judge Language Decision date
Decision 69780   Riche David G.  English 2007-12-20
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  loss of employment  part-time workers 

Summary:

Over 19 weeks the claimant earned $4,215 or $221.84 per week. This worked out to be 62% of her normal weekly earnings of $354. Because her percentage of employment was more than 50% but not more than 70%, as provided in the table under Regulation 52(2), the claimant must be disentitled by three days per week rather than two as suggested by the claimant. See CUB 69779 where the claimant, averaging more than 40 hours a week at the time of the lock-out could not be classified as a part-time worker. See also CUB 69778: "Even if I accepted the argument that s. 52(1) of the Regulations applied, the claimant still would not be entitled to benefits as he would be excluded because his percentage of employment was 94% which meant that he was not entitled to benefits for five days of the week." All three CUBs relate to the same labour dispute.


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