Decision 72923
Full Text of Decision 72923
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
The claimant filed a benefit claim, established effective November 19, 2006. The Commission subsequently determined that the claimant was not unemployed during the period for which she was claiming benefits because the period of leave constituted part of her work schedule. The Commission imposed a disentitlement for the period of January 28 to June 23, 2007 which resulted in an overpayment. The employer indicated that a number of its employees, including the claimant, worked six or seven days a week between 5 a.m. and 5 p.m., performing very physically demanding tasks. That is why a schedule of one week of work followed by one week of leave was set up; it enabled employees to recover after a long week. The appeal is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
lay days * |
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Decision A-0475.05
Full Text of Decision A-0475.05
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Claimant provided paid child care to her granddaughter until August 8,2003. After that date, she continued to provide child care but unpaid. The Court held that there was no interruption of earnings as per EI Regulation 14(1). There was not laid off and there were no seven or more consecutive days following a layoff during which no work was performed.
Decision 49383
Full Text of Decision 49383
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
Claimant laid off but continued to work for her husband for approximately ten hours a week without pay. Referring to FCA decisions in Henry Enns (A-0559.99) and Louis Duffenais (A-0551.92), the Umpire concluded that the claimant had not stopped working although her hours of work had decreased and she was not being paid.
Decision 47937
Full Text of Decision 47937
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
Claimant is president of a non-profit organization for which he was paid until the mission could no longer support his salary due to the end of the subsidy. Claimant alleged that he is doing volunteer work (35hrs/week) and considered himself no longer employed. Referring to FCA decision in Enns (A-0559.89), Umpire held that claimant, while he may have been laid off, continued to perform the duties he performed previously.
Decision 47005
Full Text of Decision 47005
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
The claimant, a joint shareholder, was laid off owing to a lack of work. However, he continued to go to the office for three or four hours every day to try to prevent the business from going bankrupt. It was found that the claimant had had no interruption of earnings, since there had never been any termination of employment lasting seven consecutive days. Citing the FCA decision in Reny (A-0909.96), the Umpire upheld the decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
weight of statements |
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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 work |
|
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 earnings |
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Decision 41506
Full Text of Decision 41506
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
The case law clearly holds that the claimant must meet three conditions in order to have had an interruption of earnings: 1) be laid off or no longer employed by the employer; 2) not have worked for that employer for seven consecutive days; 3) not have received earnings during that period, except for earnings provided for under section 58(12) of the Regulations. In this case, the claimant did not meet the first condition. He did not cease being employed by the company since he was its administrator and oversaw its operations throughout the year.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
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| penalties |
knowingly |
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| penalties |
work without remuneration |
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Decision A-0909.96
Full Text of Decision A-0909.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
Claimant laid off as a result of the firm's financial problems. Admitted having continued to handle the business in order to avoid bankruptcy and having spent less than ten hours a week. Not paid but expenses reimbursed. Umpire found that the claimant could not allege an interruption of earnings since he had never stopped working for seven or more consecutive days. FCA refused to intervene.
Decision 29009
Full Text of Decision 29009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
In February, claimant had taken time off, with pay, when her mother died. In April, although not obliged to do so, she continued to work, on a voluntary basis and without remuneration, to make up for the time in February for which she had been paid but during which she had not worked.
Decision 26518
Full Text of Decision 26518
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
Interruption of earnings must not be confused with lack of salary. Interruption of earnings occurs when all conditions of ss. 37(1) of the Regulations are met, including the absence from work for 7 consecutive days. In this case, there was no cessation from work for 7 consecutive days.
Decision 20944
Full Text of Decision 20944
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Refer to: A-0551.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
applicability |
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision A-0551.92
Full Text of Decision A-0551.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
By having started to work the Monday following the filing of his claim and every Monday thereafter, claimant, assuming that the reduction of his weekly hours of work could amount to a layoff, could still not qualify under ss. 37(1) which requires no earnings for at least seven consecutive days.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
applicability |
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision 20401
Full Text of Decision 20401
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
It is important to distinguish between a situation of continued employment under s. 37. In the case of s. 37, there can be continued employment even though no remuneration is paid. In order to be "working" under s. 10 and s. 44, an employment relationship must exist.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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| umpires |
jurisdiction |
evidence new |
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Decision 18989
Full Text of Decision 18989
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
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Summary:
Elected president and Chief Business Officer of a local union who continued to do the paper work for the union without pay due to lack of funds, while his wife was hired at a lower salary by the union.
It is submitted that it would be unreasonable to characterize someone as "working" when not being paid. I reject that argument. Reg. 37 refers to interruption of earnings and interruption of work. If intended that "work" meant paid work, there would be no need for a distinction.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
from spouse |
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Decision 17293
Full Text of Decision 17293
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Refer to: A-0559.89
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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| interruption of earnings |
charter |
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| interruption of earnings |
conditions required |
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| interruption of earnings |
conditions required |
non-monetary income |
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| interruption of earnings |
layoff or separation |
requirement |
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Decision A-0559.89
Full Text of Decision A-0559.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Pastor whose duties did not change whether paid or not and the only criteria for paying him was availability of funds. He was never laid off. His contract of service, albeit for very little in the way of pecuniary consideration, continued in effect.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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| interruption of earnings |
charter |
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| interruption of earnings |
conditions required |
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| interruption of earnings |
conditions required |
non-monetary income |
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| interruption of earnings |
layoff or separation |
requirement |
|
Decision 14230A
Full Text of Decision 14230A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
The pattern is obvious. The employer will give employees sufficient weeks of work in the summer to qualify for UI on condition that they work for free when he needs them during winter over weekends. The Centre could not operate in the off-season if salaries paid.
Decision 14075
Full Text of Decision 14075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Husband owned one third of assets and worked as manager; business slower in fall. Insured laid off but this had no effect on her responsibilities, although they did decline. Legislation is clear.
Decision 13374
Full Text of Decision 13374
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Hired by a relative as manager but laid off soon after because business was not good enough to pay him. He continued to do work for the company 5 to 6 hours per day, 3 days a week, without pay. It was open to the Board to decide as it did.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Decision 13130
Full Text of Decision 13130
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Even if a claimant is reduced to part-time hours or does not receive financial remuneration for hours worked there can be no interruption of earnings unless there has been a period of 7 or more consecutive days in which no work was performed; overpayment of $7,500.
Decision 13009
Full Text of Decision 13009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Company in difficulty; insured, as director, key individual who could ensure survival. Worked on volunteer basis, but starting a couple of weeks after closing. Therefore met requuirement of 7 days without work and availability not in issue.
Decision 12135
Full Text of Decision 12135
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Employed by business in which he was shareholder; stopped receiving salary but continued to operate business.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
layoff or separation |
requirement |
|
Decision 11332
Full Text of Decision 11332
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Insured continued to work for same employer from 2-7 to 3-9 even though during that period he was not paid. Promise to pay in event of government grant not carried out.
Decision 11215
Full Text of Decision 11215
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Summary:
Union business manager laid off due to lack of union dues but he continued to perform his duties without remuneration 2 hours a day.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
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