Decision A0510.14

Case Number Claimant Judge Language Decision date
Decision A0510.14 Dupuis  Trudel, J.A.  French 2015-10-26
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings  teachers * 

Summary:

The Court concluded that the claimant was not eligible as a teacher to EI benefits during the period of the summer vacation per section 33 of the EIR. Facts have shown that there has been no definitive break of the employment relationship and that the claimant was not unemployed status. The claimant was employed as a teacher until the end of the school year on June 28, 2012. The following day she applied for EI benefits. On July 11, 2012 she entered into a subsequent teaching contract for the upcoming school year and this contract was made effective on July 1, 2012 until June 30, 2013. The teacher was not entitled to EI benefits during the summer non-teaching period as she had entered into a teaching contract a few days after the previous year’s contract had ended. The decision of the Appeal Division of the SST on Oct. 16, 2014 was unfavourable to the claimant. She was not unemployed during the summer non-teaching period and therefore she did not experience an interruption of earnings despite the fact that she did not receive any actual salary during the summer non-teaching months. Application for judicial review dismissed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching  contract renewed 

Summary:

The Court concluded that the claimant was not eligible as a teacher to EI benefits during the period of the summer vacation per section 33 of the EIR. Facts have shown that there has been no definitive break of the employment relationship and that the claimant was not unemployed status. The claimant was employed as a teacher until the end of the school year on June 28, 2012. The following day she applied for EI benefits. On July 11, 2012 she entered into a subsequent teaching contract for the upcoming school year and this contract was made effective on July 1, 2012 until June 30, 2013. The teacher was not entitled to EI benefits during the summer non-teaching period as she had entered into a teaching contract a few days after the previous year’s contract had ended. The decision of the Appeal Division of the SST on Oct. 16, 2014 was unfavourable to the claimant. She was not unemployed during the summer non-teaching period and therefore she did not experience an interruption of earnings despite the fact that she did not receive any actual salary during the summer non-teaching months. Application for judicial review dismissed.


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