| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
duration |
|
Summary:
The claimant's last day of employment was December 17, 2008. He applied for benefits on December 22, 2008. A benefit period was then established December 21, 2008 with the two week waiting period for the weeks of December 21st and 28th. He then received benefits. The claimant's employer went into bankruptcy in December 2008. In May 2009, the claimant received from the Trustee in bankruptcy an amount under the Wage Eatners Protection Program. On july 15, 2009, he was advised by the Commission taht the amount received would be deducted from his benefits from December 14, 2008 to January 3, 2009. His two week waiting period was then attributed to the weeks starting January 4th and 11th, 2009. The claimant submits that since his two week waiting period started on January 4 and not to have received benefits before that date, his benefit period started at the earliest on January 4, 2009 and should qualify for Long Tenure Worker. The Commission on the other hand submits that in this case the benefit period was established before January 4, 2009 and that according to section 10(2) of the Employment insurance Act as amended by Bill C-50, the claimant is not eligible for the extended benefits provided under the Bill. The appeal by the claimant is dismissed by the Umpire.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
extension |
long-tenured workers |
Summary:
The claimant's last day of employment was December 17, 2008. He applied for benefits on December 22, 2008. A benefit period was then established December 21, 2008 with the two week waiting period for the weeks of December 21st and 28th. He then received benefits. The claimant's employer went into bankruptcy in December 2008. In May 2009, the claimant received from the Trustee in bankruptcy an amount under the Wage Eatners Protection Program. On july 15, 2009, he was advised by the Commission taht the amount received would be deducted from his benefits from December 14, 2008 to January 3, 2009. His two week waiting period was then attributed to the weeks starting January 4th and 11th, 2009. The claimant submits that since his two week waiting period started on January 4 and not to have received benefits before that date, his benefit period started at the earliest on January 4, 2009 and should qualify for Long Tenure Worker. The Commission on the other hand submits that in this case the benefit period was established before January 4, 2009 and that according to section 10(2) of the Employment insurance Act as amended by Bill C-50, the claimant is not eligible for the extended benefits provided under the Bill. The appeal by the claimant is dismissed by the Umpire.
