Decision A-1865.83

Case Number Claimant Judge Language Decision date
Decision A-1865.83 Dunnington D.A.  Federal  English 1984-10-01
Decision Appealed Appellant Corresponding Case
Dismissed Majority  No N/A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  full working week 

Summary:

The meaning of "full working week" in 21(1) is a question of law; whether particular weeks are full working weeks may turn on questions of fact. [p. 17]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  ignorance of the law  not an excuse 

Summary:

The Umpire recognized that a delay caused by one's mistaken understanding of his legal rights and duties is not good cause. In recognizing that a mere mistake of law is not good cause, he was obviously aware of PIROTTE. [p. 13]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  waiting for job  searching for work 

Summary:

Neither his expressed hope that he might find full employment nor his apparent distaste for UI could constitute a reasonable cause for delay. [p. 16]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
antedate  disentitlement period at issue  employed 

Summary:

If he had mistakenly concluded that his work was full-time and had decided not to apply for UI because of this mistake, such an error might possibly provide a basis for relief under 20(4). [p. 17] Retired after 38 years and immediately found part-time employment which he left 6 months later. Requests antedate to have rate based on full-time earnings. The fact that he was employed only part-time is not good cause.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts  rate of benefit  computation 

Summary:

I understand claimant may only be entitled to benefits much lower because he did not file in time. He had been employed over 30 years full-time and only 5 months part-time. But good cause for delay not present. [p. 18]


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  meaning of a term 

Summary:

The meaning of "full working week" in 21(1) is a question of law; whether particular weeks are full working weeks may turn on questions of fact. [p. 17]


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