| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
The Act sets out general criteria for entitlement: insurable employment for the required number of weeks and interruption of earnings from that employment.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
Summary:
The object of the Act is to compensate persons whose employment is terminated involuntarily and who are unemployed.
Once the criteria for general entitlement are satisfied [insurable employment, interruption of earnings and availability], entitlement is the rule and disentitlement the exception.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
The essential condition for entitlement to unemployment benefits is to be capable of and available for work and unable to obtain suitable employment.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
Summary:
When ambiguity arises from the fact that 2 interpretations are possible, having regard to the object of the Act, which is to compensate workers who are involuntarily unemployed, the worker must receive the benefit of the doubt.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
extension |
applicability |
Summary:
Parliament's desire to benefit both inmates and injured workers is in the context of an Act that, for legislative policy reasons, grants broader or narrower benefits to different classes of claimants.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
benefit periods |
extension |
workers' compensation |
Summary:
It is difficult to understand why two insured persons disentitled under s. 36 because incapable of work should be treated differently because one received worker's compensation. This anomaly should not be remedied by judicial intervention.
An insured who has received worker's compensation in the supplementary phase of the benefit period is entitled to an extension even if he was disentitled under s. 36.
