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Decision 75782A Full Text of Decision 75782A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension rationale
Summary:

The claimant had worked for a total of 525 hours. The Commission determined she would require 595 hours and refused her benefits. The claimant appealed on the grounds she reviewed the legislation that allowed for an extension to one’s qualifying period, which included the condition “confined in a jail, penitentiary or other similar institution.” After the twins were born in September 2008, she returned to work in April 2009 and was layoff. The claimant stated in her appeal that it was a poor distinction that someone confined to jail could have their qualifying period extended but a mother with 3 month old twins thereby confined to her home could not receive the same consideration. Appeal is dismissed by the Umpire.


Decision A-0451.85 Full Text of Decision A-0451.85

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension rationale
Summary:

The circumstances described in 7(2)(a),(b),(c) and (d) have a common rationale. They all envisage a factual scenario in which the applicant is not available for employment through external circumstances beyond his or her control. [Heald J., p. 9]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits otherwise available
sickness benefits imprisonment
board of referees rules of construction change of wording
board of referees rules of construction intent and object
board of referees rules of construction context and titles
board of referees legislative authority provincial and other laws

Decision A-1132.84 Full Text of Decision A-1132.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts qualifying period extension rationale
Summary:

The situations detailed in 7(2)(a) to (d) have a common rationale: non-availability through external circumstances beyond control. Parliament has manifested a clear intention to relieve individuals caught from unfair consequences. [p. 9-10]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
availability for work incompatible situations imprisonment
board of referees rules of construction context and titles
basic concepts qualifying period extension incarcerated
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