Decision 67424
Full Text of Decision 67424
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
An overpayment was created when it was found that the claimant did not have an interruption of earnings when she continued to work at her spouse's restaurant during the quiet season at reduced hours.
Decision A-0592.99
Full Text of Decision A-0592.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
After being laid off, claimant continued to work for his employer at the rate of sometimes half an hour of work per week and received $4 per week to send the accounts. Commission determined that he had not had an interruption in earnings. BOR reversed this decision and Umpire refused to intervene, ruling that it would run counter to the spirit of the social legislation and would not do justice to the claimant. Decision reversed by FCA: claimant did not cease to be employed by his employer and was never without work for this employer for a period of at least 7 consecutive days.
Decision 45449
Full Text of Decision 45449
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
See summary indexed under FCA A-0592.99
Decision 41506
Full Text of Decision 41506
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
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: |
| penalties |
knowingly |
|
|
| interruption of earnings |
conditions required |
7 days without work |
|
| penalties |
work without remuneration |
|
|
Decision 39548
Full Text of Decision 39548
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
Three conditions must be fulfilled for the application of Regulation 37(1). The claimant must have: 1) experienced an interruption of earnings; 2) been without work for seven consecutive days; and 3) have been without pay for seven consecutive days. These three conditions must exist at the same time.
Decision 20869
Full Text of Decision 20869
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
Vacation pay and severance pay received upon termination. Case allowed by Board because claimant had received erroneous information from the CEIC. It is clear that the Board erred in law. A claim cannot be established until a claimant experiences an interruption of earnings.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
excess of jurisdiction |
|
Decision 18593
Full Text of Decision 18593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
4 conditions are required: 1) a period of employment with an employer; 2) a separation or lay-off from that employer; 3) 7 or more consecutive days of no work for that employer; and 4) no earnings from that employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Decision 17293
Full Text of Decision 17293
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
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 |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
non-monetary income |
|
| interruption of earnings |
conditions required |
7 days without work |
|
| interruption of earnings |
layoff or separation |
requirement |
|
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 |
|
|
Summary:
The 3 requirements of ss. 37(1) are discrete. Claimant here must prove both that he was laid off or separated from employment and that he was not being paid. Since the requirements are discrete, not being paid, while evidence of layoff or separation, cannot be conclusive.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
non-monetary income |
|
| interruption of earnings |
conditions required |
7 days without work |
|
| interruption of earnings |
layoff or separation |
requirement |
|
Decision A-0516.88
Full Text of Decision A-0516.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
The definition of interruption of earnings involves 3 distinct possibilities. These are: "when after a period of employment with an employer" (a) one has a layoff, (b) has a separation from that employment, or (c) is given a reduction in hours for that employer as prescribed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
reduction in hours |
|
| interruption of earnings |
layoff or separation |
definition |
|
Decision 15626
Full Text of Decision 15626
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
Hypothetic situation contemplated: if a person holds a job during an insufficient number of weeks followed by an interruption of earnings, the fact of having a part-time job which goes on is of no assistance even if the total number of insured weeks is sufficient.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
dual employment |
|
|
| basic concepts |
rate of benefit |
computation |
|
Decision S-1059.84
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| availability for work |
applicability |
necessary conditions |
|
| board of referees |
rules of construction |
intent and object |
|
| basic concepts |
benefit periods |
extension |
applicability |
| basic concepts |
benefit periods |
extension |
workers' compensation |
Decision 15069
Full Text of Decision 15069
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
(1) the employee ceased to be in the employer's service; (2) he did not work for that employer for 7 consecutive days; (3) he did not receive any earnings from him for 7 consecutive days.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
layoff or separation |
definition |
|
Decision 13165
Full Text of Decision 13165
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
Refer to: A-0086.87
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Decision A-0086.87
Full Text of Decision A-0086.87
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
In the scheme of the Act, an interruption in prescribed earnings is a prerequisite to entitlement to benefit. This review seeks to set aside a decision regarding severance pay.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
charter |
|
|
Decision 13374
Full Text of Decision 13374
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
An interruption of earnings only occurs where a period of 7 or more consecutive days elapse in which no work is performed for the employer and in respect of which no earnings arise. Thus both work and pay must cease.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
7 days without work |
|
Decision A-1195.84
Full Text of Decision A-1195.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Summary:
The Umpire correctly observed that claimant had to establish: (1) a layoff or separation from Labatt's; (2) 7 consecutive days without work for Labatt's; and (3) 7 consecutive days without earnings from Labatt's. [p. 4]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
applicability |
|
| earnings |
allocation |
without services |
|
| earnings |
severance pay |
definition |
|
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.
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 |
|
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 * |
|
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
|
| penalties |
knowingly |
|
|
| penalties |
work without remuneration |
|
|
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 |
|
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 |
|
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 |
|
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
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 |
|
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
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 |
|
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 |
|
|
| umpires |
jurisdiction |
evidence new |
|
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 |
|
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 |
|
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 |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
|
|
| interruption of earnings |
conditions required |
non-monetary income |
|
| interruption of earnings |
layoff or separation |
requirement |
|
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 |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
|
|
| interruption of earnings |
conditions required |
non-monetary income |
|
| 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 |
|
Decision 61718B
Full Text of Decision 61718B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
The umpire stated that the use of a company truck and cellular phone constitutes a benefit equivalent to remuneration. He confirmed the Board of Referee's decision and concluded that the claimant did not have an interruption of earnings under the Act.
Decision 35521
Full Text of Decision 35521
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
In accordance with R. 37, interruption of earnings did not occur since the claimant continued to receive benefits from his employer, namely the use of a truck. Use of the truck has the character of a relationship with the work done by the claimant for his employer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
in kind |
|
Decision 20193
Full Text of Decision 20193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
Claimant and husband hired by club. Due to insufficient funds, one is paid salary for part of the year while the other claims UI benefits on a rotating basis. There was never a breach of the employer-employee relationship. Benefits maintained: room and board, cigarettes and tips.
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 |
non-monetary income |
|
Summary:
Pastor whose duties did not change whether paid or not. 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 |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
|
|
| interruption of earnings |
conditions required |
7 days without work |
|
| interruption of earnings |
layoff or separation |
requirement |
|
Decision 17293
Full Text of Decision 17293
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
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 |
|
|
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
|
|
| interruption of earnings |
conditions required |
7 days without work |
|
| interruption of earnings |
layoff or separation |
requirement |
|
Decision 17218
Full Text of Decision 17218
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
The son of a farmer who, at the end of the farming season, continued to work 3 hours a week milking the cows in exchange for board and lodging. The latter was included in the agreement for the farming season; therefore, the fact of continuing to work for board and lodging justifies the decision handed down.
Decision 15703
Full Text of Decision 15703
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
Refer to: A-0963.88
Decision A-0963.88
Full Text of Decision A-0963.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
Son of farmer who continues to look after the farm without salary while being provided free room and board. The absence of remuneration is not synonymous with termination of employment and the employer-employee relationship continued as per Umpire. No comment from FC.
Decision 16854
Full Text of Decision 16854
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
A pastor who ceased to be paid his monthly salary of $1446 because of a lack of funds but continued to be provided with housing accommodations estimated at $75 weekly. Retroactive ruling resulting in substantial overpayment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
in kind |
|
| reconsideration of claim |
factual cases |
interruption of earnings |
|
Decision 15700
Full Text of Decision 15700
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
Hired by a farmer following an emergency situation. Once the emergency was over, she wanted to remain on the farm. An agreement was reached according to which she would carry out certain tasks in exchange for room and board. No 7 day interval without work or compensation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
farming |
full working week |
|
| earnings |
income |
in kind |
|
Decision 12659
Full Text of Decision 12659
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
non-monetary income |
|
Summary:
Interruption of earnings does not mean simply interruption of salary, but also interruption of employment. Even though received only room and board in return, insured had not ceased to be employed by motel in off season.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
layoff or separation |
requirement |
|
Decision 66921
Full Text of Decision 66921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
The claimant opted to remain a part-time employee at a greatly reduced salary rather than leave her employment and have to rely on EI benefits.
Decision 18593
Full Text of Decision 18593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
Farm worker reduced to part-time work, 3/4 of an hour a day feeding the animals. There was a 6-day period when he did not work or receive earnings and he returned to work on the 7th day.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
Decision 18206
Full Text of Decision 18206
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
Weekly hours reduced from 24 to 8 1/2. She was given the choice of working either 3 days in every 3rd week or Fridays of every week. She opted for the latter. Last day worked: 13-5. First day of new schedule: 20-5. Validity of reg. 37(1) confirmed in HARTMANN.
By reading reg. 37(1), (2) and (2.1), it will be seen that a prescribed reduction in earnings can arise only in conjunction with illness, injury, quarantine, pregnancy or adoption. The Commisson has enacted no regulations for other circumstances. Reg. 37(1) then applies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
|
|
Decision 17303
Full Text of Decision 17303
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
Laid off from full-time job but continued working week-ends for the same employer. He did not have a prescribed reduction of earnings. Reg. 37(1) and 46(1) are not inconsistent. Reg. 46(1) deals with earnings in the waiting period and does not apply here.
Decision A-0516.88
Full Text of Decision A-0516.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
Working hours reduced from 32 to 4 a week. 7-day requirement without work nor earnings not met. Ss. 37(1) is valid.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
|
|
| interruption of earnings |
conditions required |
|
|
| interruption of earnings |
layoff or separation |
definition |
|
Decision 13015
Full Text of Decision 13015
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
GIGUERE referred to. For want of a regulation the reduction of work and earnings amendment to the Act is lost. The social purpose of the legislation is effectively defeated.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
| reconsideration of claim |
new facts |
with diligence |
|
| reconsideration of claim |
overpayment |
authority to write off |
|
| reconsideration of claim |
factual cases |
interruption of earnings |
|
Decision 11875
Full Text of Decision 11875
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
I agree with claimant that legalistic exactitude is causing considerable harship. I have been witness to the hardship caused. The intent of UI to provide temporary relief is defeated by reg. 37 and its narrow and short-sighted definition.
Decision A-0384.78
Full Text of Decision A-0384.78
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
Summary:
Hours of work reduced from full time to 2 hours per day; salary dropped from $125 to $25 per week. Not a reduction within the meaning of 2(1)(n), since no regulations had been made to cover this situation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
charter |
|
|
| board of referees |
legislative authority |
absence of a regulation |
|
Decision A-0625.90
Full Text of Decision A-0625.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Worker in Job Development Program laid off 20-1-89 when her 9-month contract expired. Did volunteer work 21-1-89 without pay. Rehired to work 1 day a week commencing 27-1-89. By holding that she did not "work" on 21-1-89 within s. 37, the Umpire committed no reviewable error.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Decision 18250
Full Text of Decision 18250
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Refer to: A-0625.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
|
|
Decision 16277
Full Text of Decision 16277
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Claimant retired 31-12-85 and was paid for 1-1-86, a statutory holiday. He was subsequently asked to return to work 7-1-86 to train his successor. He did so. There is an interruption of earnings only if one did not work for 7 consecutive days. Here, there were only 6 days.
Decision 13015
Full Text of Decision 13015
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Rehired part-time 4 days following lay-off from full-time employment. A person who has been laid off but subsequently reinstated at reduced working hours and earnings is entitled to UI only if 7 or more consecutive days without work and earnings. Overpayment: $7150.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
reduction in hours |
|
| reconsideration of claim |
new facts |
with diligence |
|
| reconsideration of claim |
overpayment |
authority to write off |
|
| reconsideration of claim |
factual cases |
interruption of earnings |
|
Decision 12440
Full Text of Decision 12440
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Continued to work following layoff. Undetermined days but quite regular. Overpayment: $4620. "Ignorance not a defence here. The Reg. is quite clear: there must be 7 days where the claimant did not work and where earnings were not payable."
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
factual cases |
interruption of earnings |
|
| reconsideration of claim |
overpayment |
hardship defined |
|
Decision 12356
Full Text of Decision 12356
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
rehired within 7 days |
|
Summary:
Last day worked 5-12, re-employed 12-12. The result is anomalous. Because he had an interruption of earnings of only 6 days he was not initially entitled to claim for benefits. [p. 2-3]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
factual cases |
interruption of earnings |
|
| earnings |
bonus |
retaining one's services |
|
| board of referees |
jurisdiction |
priority of law |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
