Summary of Issue

Decision A0546.05 Full Text of Decision A0546.05

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties violation Date of Issuance

In this case, the notice of violation was issued on October 17, 2003, and placed in the claimant's file. It was ruled that the violation was serious. In accordance with the principles in Szczech (A-145-04), the five-year period provided for in subsection 7.1(1) began to run as of that date. It follows that the hours of insurable employment increase if the insured claimant's violation occurs within the five years preceding his initial claim for benefit. The subsection 7.1(1) increase is based on the claimant's liability for the violations, and not on the knowledge he has of the notice of violation. The Court was unable to accept the argument that the increase in the hours cannot be used against the claimant since he was not informed of the notice of violation until February 15, 2005, four days after filing his initial claim for benefit. Since the claimant did not challenge on the merits the serious violation in question, but instead chose, as in Limosi (A-534-01) to complain that he had not received the notice of violation, the Commission's decision holding him responsible for a serious violation remains in full force and effect and meets the requirements of subsection 7.1(1).

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