| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
waiting period |
Waiving - Apprentice |
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Summary:
The issue is whether paragraph 39.1(b) of the EI Regulations can apply to waive the waiting period of the claimant, an apprentice, where his initial separation from employment was due to work shortage as opposed to the requirement to attend upon proper referral an apprenticeship program. The Court dismissed the Commission's appeal concluding that the claimant stopped working on January 4, 2005, the date work resumed at the employer's premises and the date the apprentice program began, as opposed to December 24, 2005, the date of the general lay-off for the holiday period. Influencing factors for the Court were: the claimant, unlike his classmates would have had to serve a waiting period between December 26, 2004 and January 8, 2005 and the claimant did not apply for benefits until the start of his course, January 4, 2005. See particular Commission guidance on this case. Also see similar cases, CUBs 67214, 66592 and 64468.
