Decision A-0765.85

Case Number Claimant Judge Language Decision date
Decision A-0765.85 Malo Roger  Federal  French 1986-04-22
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  11140 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute  regularly engaged  definition 

Summary:

As per ABRAHAMS, the regularity of the work schedule must be considered. Worked on call from 10-11-82 to 25-7-83. The 678 hours and earnings of $3,154 here are unequally spread over many months. Error of law by Board: designated as regular what was irregular employment. There is no question that his being engaged was real, actual and genuine. The aspect of continuity is undoubtedly present. However, he was engaged in it intermittently or sporadically: this makes it irregular. To be regular, a work schedule does not necessarily have to be determined in advance or to remain fixed in time. However, it must be possible to identify some consistency. If one is not assured of certain periods of work at foreseeable interval, then it is not regular.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  not applying jurisprudence 

Summary:

As per ABRAHAMS, the regularity of the work schedule must be considered. Worked on call from 10-11-82 to 25-7-83. The 678 hours and earnings of $3,154 here are unequally spread over many months. Error of law by Board: designated as regular what was irregular employment.


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