Decision 74576
Full Text of Decision 74576
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
The claimant filed an initial claim for EI benefits effective March 1, 2009. He was unable to obtain a RoE because, following the production shutdown on February 27, 2009, all employees at X, including the claimant, had to take mandatory vacation leave for the weeks of March 2 and March 13, 2009. The Commission determined that the claimant had failed to prove that he had had an interruption of earnings because, even though he had been on leave, he had received an income that was set aside in a self-financed leave program while he had been working. Consequently, the Commission found that the claimant continued to be employed during that time. The claimant's appeal is dismissed by the Umpire
Decision 72841
Full Text of Decision 72841
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
The Commission determined that the claimant was not unemployed because he did not have seven consecutive days without work and earnings. The facts were that three employment benefits were still extended to the claimant after he was laid off: the use of a vehicle, cellular telephone and credit card. The claimant owned a business for 25 years, in 2004 sold the company to his son-in-law. In a statutory declaration, the son-in-law indicated that the claimant helped him out during the busy period doing estimates. Part of the favourable purchase price and considerations on the sale balance, the purchaser agreed to let the vendor continue using the truck, the gas card and the cellular telephone until June 2009 which saved him $300K. The Board found that there was no link between the claimant's employment and the benefits that he received. The appeal is dismissed.
Decision 71217
Full Text of Decision 71217
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
The claimant was employed as a court registrar. After negotiations with a view to having a better arrangement with respect to staggered hours and one which would give court employees status on a part-time basis with equitable remuneration, a collective agreement was struck. The claimant was known as a Permanent Flexible Part-Time employee and in that capacity was continually paid bi-weekly. The Board found that the claimant was a Permanent Flexible Part-Time employee and, in that capacity, was continually paid bi-weekly. The Board therefore found the claimant did not have an interruption of earnings during the months of July and August 2007. There could be an interruption of work, but no interruption of earnings under the arrangement made. The appeal is dismissed.
Decision 69575
Full Text of Decision 69575
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
An assistant professor signed a new contract beginning at the end of the last contract (April 30). Although the new contract stated that the appointment would commence on the first day of classes, May 7, the remuneration was paid for the period commencing April 30(May 1).
Decision 65832
Full Text of Decision 65832
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Claimant's last week's pay and banked sick leave prevented an interruption of earnings. Although sick leave were not paid, they were payable and are earnings that must be taken into account to determine if there was an interruption of earnings.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
|
Decision 45876
Full Text of Decision 45876
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Claimant worked as a full-time maintenance worker from 29-04 to 25-10-96 and, after that, seven days a week, two hours a day in exchange for free rent. The BOR found that he was doing unpaid volunteer work. Error of law, according to the Umpire. An interruption of earnings does not simply signify an interruption of work, but also a termination of employment. The employer-employee relationship still existed, the proof being that the value of the rent for the lodging still constituted a form of remuneration for services rendered. FCA decisions in Savarie (A-0679.95) and Reny (A-0909.96) cited.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Decision 36830
Full Text of Decision 36830
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Claimant holder of 20% of shares in the farm. She was employed in insurable employment from 22-5-95 to 13-10-95. Commission alleges that income from the sale of dairy products constituted earnings and prevented interruption of earnings from occurring. Position rejected by the Umpire who considers that, in the wording of subsection 37(1), the demonstrative adjective "that" applies only to the job she just lost. However, this income counts as earnings for the purposes of paragraph 57(6)(b) of the Regulations if the claimant is considered self-employed. Umpire's decision was undisturbed by FCA.
Decision A-0679.95
Full Text of Decision A-0679.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Claimant was working in a bar that she owned with her husband. Stopped receiving wages on 25-12-92, but continued to provide services free of charge (14 hours/week). Termination of employment is one of the requirements for entitlement to benefit. Therefore, even if wages ceased to be paid, the employment relationship was maintained. The employment was therefore not terminated.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
|
|
Decision 30451
Full Text of Decision 30451
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
The claimant, a clergyman, was paid assistance from the national Personnel Emergency Fund of the national United Church. Amount was neither voluntary nor gratuitous; it was income arising out of his employment and must be taken into account in determining whether there was an I of E.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
nature of monies |
|
Decision 29150
Full Text of Decision 29150
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Refer to: A-0679.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
benevolent work |
|
|
Decision 28150
Full Text of Decision 28150
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Held that a revised allocation of earnings pursuant to ss. 58(9.1) of the Regulations also affects the week in which the interruption of earnings occurs and consequently the calculation of the rate of benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
rate of benefit |
computation |
|
Decision 24950
Full Text of Decision 24950
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Working days reduced from 4 days to 1 day a week. Worked 5-5, 8-5 and 15-5. She then called in sick for 22-5 and was entitled to paid sick leave for that day. She did not cease work because of illness under ss. 37(2).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
sick leave pay |
|
|
Decision 20631
Full Text of Decision 20631
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Claimant received $100 per week stand-by pay paid on a bi-weekly basis whether or not he worked. The evidence on file shows that he did not have an interruption of earnings.
Decision 20282
Full Text of Decision 20282
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Gainfully employed by Bathurst Volunteer Centre as van driver for handicapped people and senior citizens for winter months only. Laid off in March but continued thereafter with his driving duties on a volunteer basis. No remuneration except $35 - $45 a week for sundry expenses.
Decision 17324
Full Text of Decision 17324
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
General Motors worker placed on pre-retirement leave with monthly payments paid out of payroll, not the pension fund. SWALLOWELL referred to as requiring (1) layoff or separation, (2) 7 days without work and (3) 7 days without earnings.
Decision A-1037.88
Full Text of Decision A-1037.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
The amounts in question are income from a retirement pension, which under ss. 57(2.3), cannot be regarded as earnings to be taken into account for the purposes of s. 37.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
retirement allowances |
|
|
Decision 15762
Full Text of Decision 15762
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Refer to: A-1037.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
retirement allowances |
|
|
Decision 16775
Full Text of Decision 16775
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
WALFORD and CEWE referred to. The law is clear that the net amount of moneys paid on settlement of a claim for damages for wrongful dismissal in lieu of notice are earnings. That being so, claimant did not have an interruption of earnings. Benefit period voided.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
overpayment |
authority to write off |
|
Decision 16445
Full Text of Decision 16445
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
RCA worker laid off in 3-85 who was provided with 3 termination options. He chose to remain on lay-off status while receiving an allowance of 54 weeks of regular pay, accruing pensionable earnings and retirement in 5-86. SWALLOWELL referred to.
Decision 16195
Full Text of Decision 16195
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Employment is defined as any employment. No interruption of earnings as claimant still in receipt of earnings from an employment, albeit an earlier employment. Termination monies allocated over a 3-year period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
dual employment |
|
|
| earnings |
allocation |
previous employment |
|
Decision 15654
Full Text of Decision 15654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Out-of-court settlement allocated from last day worked, so claimant is not in a period of 7 consecutive working days without earnings.
Decision 15508
Full Text of Decision 15508
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
I agree with claimant's view that reg. 57(2.3) applies to his case, so that pension moneys are not earnings. However, this exemption applies only to reg. 37, so moneys will not delay the establishment of a benefit period if claimant so chooses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
Decision 15341
Full Text of Decision 15341
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Last day worked: 18-3-85. Accepted a severance package. The agreement indicates he was on holidays until 30-4-85. According to employer, he was entitled to full benefits until holiday period ended. If this is the case, there would have been no interruption of earnings until 30-4.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
qualifying conditions |
interruption of earnings |
|
Decision 15002A
Full Text of Decision 15002A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Although 29-11-85 was claimant's last day of work, there was no interruption of earnings on 30-11-85. The facts clearly show that until 6-2-86, he was in receipt of monies from his employer relating to accrued Long Service leave and vacation pay.
Decision 14266
Full Text of Decision 14266
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Ceased work 21-1-86. Received $19350 as severance pay and $778 as vacation pay. Monies allocated from 22-1-86 to 26-7-86.
Decision 13943
Full Text of Decision 13943
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Teacher opting for early retirement effective 3 years later. Ceased work 1-7 on the understanding that she would be paid 75% of salary in 3 installments over the next 3 years. Contract continues.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
deferred salary leave plans |
|
|
| week of unemployment |
contract of services |
|
|
| week of unemployment |
usual weekly earnings |
|
|
| earnings |
rationale |
|
|
Decision 13934
Full Text of Decision 13934
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Vacation pay, sick leave pay and pension plan refund received upon separation in 7-86. No interruption of earnings for the period of the allocated payment under reg. 58(10).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
pension |
definition |
|
| reconsideration of claim |
authority to review |
time limitation |
|
Decision 13534
Full Text of Decision 13534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
One of the conditions for benefits to be payable is that the claimant must prove that there has been an interruption in his earnings. As he was unable to do so [severance payment], he was not entitled to benefits [for 99 weeks].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
severance pay |
as income |
|
| earnings |
income |
arising out of any employment |
|
Decision 13063
Full Text of Decision 13063
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Severance pay paid into registered pension fund at request of insured; no interruption of earnings for more than one year.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
paid into rrsp |
|
Decision 12772
Full Text of Decision 12772
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Teacher in Ontario who, on expiration of paid sick leave in May, started to receive monies from the long term disability plan exceeding his rate of benefit. No interruption of earnings in May.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
charter |
|
|
| teaching |
leave commencing prior to summer months |
|
|
| earnings |
wage-loss indemnity |
group plan |
|
Decision A-0186.86
Full Text of Decision A-0186.86
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
3 months salary paid following permanent shutdown. Contract in force according to Board. The Umpire held a contrary view. Error in law. The parties to a contract of employment can legally agree to extend the contract for a period in which one will not be required to do any work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 11836
Full Text of Decision 11836
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
|
Summary:
Refer to: A-0186.86
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 69694
Full Text of Decision 69694
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
Room and Board |
Summary:
The claimant was employed by Pourvoirie au pays de Réal Massé inc. and, although he worked as a paid employee during the busy season, twice during the winter, in 1993 and 1994, he remained at his post without wages but had his rent, food and lodging paid for, as well as other direct or indirect benefits, in exchange for some services, such as walking and feeding the dogs and sweeping off balconies. Also see CUB 69693.
Decision A0307.06
Full Text of Decision A0307.06
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without earnings |
Room and Board |
Summary:
Added to the claimant's salary were taxable benefits related to room and board which she benefited from year round and did not have to reimburse. The Umpire ruled that these benefits were earnings to be taken into consideration to determine whether there was an interruption of earnings. The Court refused to intervene in light of the evidence on file and considering that the claimant had the onus of convincing the Court that the Umpire had erred in law in reversing the decision of the BOR and in concluding that there had not occurred an interruption of earnings for at least seven consecutive days.
