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Decision A0016.10 Full Text of Decision A0016.10

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

The claimant requested sick benefits for the period between May 7 and July 1, 2006. She reported to the Commission that she received no earnings during this period. During its investigation, the Commission received pay statements from her employer indicating that the claimant returned to work on May 30, 2006. The Commission concluded that she had been overpaid benefits and that she knowingly made false or misleading representations. It assessed her with a penalty of $1005. The FCA stated that the BOR adequately acknowledged the evidence against the claimant. It specifically referred to the employer's pay slips and held that they were "inconsistent and shoddy." The Board noted that the employer's declaration was inconsistent with the evidence in the actual pay stubs and found the claimant's evidence to be more consistent. The FCA allowed the application stating that the BOR is better placed than the Umpire and FCA to weigh evidence and assess credibility.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
proof credibility

Decision 29212 Full Text of Decision 29212

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

There is no doubt that in working for ten months while claiming benefits, he cannot pretend that his claims were not made knowingly, even if at the time, he was in a minor depressive state of mind as diagnosed by the psychologist.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties proof need for an explanation weight

Decision 23799 Full Text of Decision 23799

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Regardless of whether he believed he would be paid or not, on which there is some question, claimant knowingly reported that he did not work during that week. This he knew to be false at the time he reported it. Hours worked must be reported, even if no remuneration has been received.


Decision 23119 Full Text of Decision 23119

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

There are two questions on the form: earnings and work. A negative answer to both of them when in fact there was work and earnings during the periods in question generates a penalty and cannot be excused by an explanation that there was no intent to obtain monies illegally by such statement.


Decision 17576 Full Text of Decision 17576

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

The facts suggest the claimant knew full well what he was doing, but as he told the Board, he needed the money. A penalty can properly be imposed even if one needed the money. He answered reports cards in the negative when he knew he was working.


Decision 15506 Full Text of Decision 15506

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Once the Board had determined the statements were in fact false, then in the absence of any reasonable explanation for their falsity by clt, the Board was entitled to assume they had been made knowingly or deliberately.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board member ineligible

Decision 13178A Full Text of Decision 13178A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Report card filled out by claimant's wife. She answered "no" to questions: "Did you work?" and "Did you have earnings?" during first week of work because one week's salary was withheld. $90 penalty reduced to $45.


Decision 13900A Full Text of Decision 13900A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Worked 3 days, earned $58. What clt is contending is a mistake of law: he knew he had been working and earning money, that he had not reported these facts. Only excuse is he did not think he had to report them. Error of law not a good defence. Penalty of $37 reduced to $20.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training failure to attend leaving the course

Decision 15292 Full Text of Decision 15292

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Having accepted the employer's statement of clt's earnings, it followed that clt's statements were patently false and, in the absence of any expl. on the part of clt, the Board was entitled to conclude that they were knowingly made by clt.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings proof

Decision 15264 Full Text of Decision 15264

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

He is intelligent and not illiterate and clearly anwered no with respect to 3 weeks. While he may not have done it with a deliberate intent to mislead or defraud the Comm., it is difficult to conclude he did not know this reply would be false. Penalty of $285 upheld.


Decision 15051 Full Text of Decision 15051

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

One week's earnings not declared. In the view of the Board, the claimant was imprudent in not obtaining information from CEIC. It was perhaps negligence, but that is not the point to be established. CEIC must show an intentional or deliberate character...


Decision 14750 Full Text of Decision 14750

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

On his report card of 12-5, the insured specified that he had started working on 19-5 whereas it was on 14-5. There is no doubt that he acted knowingly in responding to very simple questions. It is incumbent upon him to provide explanations. The need for money is not an excuse.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties proof

Decision 14650 Full Text of Decision 14650

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

I accept the claimant's position that he did not declare the $385 earnings [in return for work performed] as he had not received the cheque at the time and did not know whether or not he would receive it. [cheque did not arrive until some months later]


Decision 14634 Full Text of Decision 14634

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Penalty of $650 for 5 false statements. It was reasonable for the Board to have assumed that claimant was, at least, reckless in the fulfillment of his obligation to properly report his earnings.


Decision 13235A Full Text of Decision 13235A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Worked part-time 3 months while on benefit. Answered no as a matter of routine. Penalty: 7 x 25% of rate. To allow an educated claimant with no language difficulty or other such excuse would negate s.47. Answers given must be true and not negligently made.


Decision 11498A Full Text of Decision 11498A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

No one can determine what is in another person's mind other than by person's acts or omissions. If, on balance of probabilities, failed to report earnings, must provide reasonable explanation. Earnings reported substantially lower than what received.


Decision 13964 Full Text of Decision 13964

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

10 weeks with earnings not reported. Full knowledge but in need of money. Penalty of $765. I am mindful of the fact that the Commission could have imposed a much higher penalty than it did.


Decision 12674 Full Text of Decision 12674

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

If we believe the claimant [that she believed she was not working], then aswering no was in order. By answering no, she is not required to complete dates and hours worked and total earnings.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties notice of decision

Decision 12380 Full Text of Decision 12380

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Received $30 per week for petty cash while working 60 hours per week. Claimant's admission that he should have reported these amounts relieves CEIC of proving them for purposes of s. 47.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
week of unemployment principal means of livelihood
board of referees errors in law misinterpretation of facts

Decision 11609 Full Text of Decision 11609

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Claimant says he did not knowingly make a false statement but does not allege he suffered from amnesia, blackout or cerebral accident. He must have known he had worked for earnings some 10 days prior to making the statement.


Decision 11584 Full Text of Decision 11584

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Reported no work no earnings for week 8-7. Started work 9-7 and earned $224. Penalty of $81. Never alleged he did not know he had worked for earnings nor amnesia, blackout or cerebral deficiency. Not necessary to impute fraud or larceny on claimant's part.


Decision 11284 Full Text of Decision 11284

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Claimant did disclose these sums but on other dates [different weeks]. His explanation was that that the pay period ended on a Tuesday and that earnings were disclosed on subsequent cards. This could not constitute someone knowingly making a false statement.


Decision 11200 Full Text of Decision 11200

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

He knew he had worked during the 2 weeks in question and that he would in due course receive payment for it. This justifies the penalty imposed, a minimal one. No imputation here of dishonesty but he was careless in filling out his cards.


Decision 11070 Full Text of Decision 11070

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Given claimant's desperate plight in the face of dire financial straits, poor health and abnormal behaviour from prescribed medication, she admitted that she knew. Penalties of $139 for 3 false statements not unreasonably harsh.


Decision 10825 Full Text of Decision 10825

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Claimant decided not to report those 2 weeks since company had gone into receivership and he did not expect to be paid. He does admit he subsequently received monies but failed to report them. Penalty of $95 was nominal if compared to possibly 3 times the rate.


Decision 10071 Full Text of Decision 10071

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings
Summary:

Claimant's motivation to join the Corps in 11-82 was that her children were members. Few hours spent there weekly not considered by her as employment. She knew she would receive compensation but did not know how much nor how calculated. Finally paid in 7-83. [p. 9]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income arising out of any employment

Decision 68847 Full Text of Decision 68847

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

This case is similar to CUBs 68848 to 68860, all involving an illegal hours-based system with the employer, Les Crabiers du Nord. In all the cases, the Umpire overturned the decisions of the Board of Referees and confirmed the decisions of the Commission.


Decision A-0315.02 Full Text of Decision A-0315.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

A penalty was imposed on the claimant and the employer for connivance. The Court was of the opinion that the Umpire was justified in intervening because the BOR had not considered the arguments and the evidence presented to it. The Court returned the file to the Board so that it could rule on the issues of the disparity between the penalty imposed on the claimant and that imposed on the employer and the precarious physical or financial well-being of the claimant.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0321.02 Full Text of Decision A-0321.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0320.02 Full Text of Decision A-0320.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0314.02 Full Text of Decision A-0314.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0316.02 Full Text of Decision A-0316.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0317.02 Full Text of Decision A-0317.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0319.02 Full Text of Decision A-0319.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle, see summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0318.02 Full Text of Decision A-0318.02

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to Jacques Carle. See summary indexed under FCA A-0315.02, but taking into account the death of the claimant and the write-off of the overpayment and penalty, the Court dismissed the application for judicial review in this case.


Decision 53845 Full Text of Decision 53845

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Refer to summary indexed under FCA A-0315.02

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit computation

Decision A-0858.97 Full Text of Decision A-0858.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to A-0846.97. See summary indexed under it.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
reconsideration of claim overpayment authority to write off
penalties amount of penalty mitigating circumstances
penalties reconsideration of penalty reduction

Decision A-0857.97 Full Text of Decision A-0857.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to A-0846.97. See summary indexed under it.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties amount of penalty mitigating circumstances
penalties reconsideration of penalty reduction
reconsideration of claim overpayment authority to write off

Decision A-0847.97 Full Text of Decision A-0847.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to A-0846.97. See summary indexed under it.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties amount of penalty mitigating circumstances
penalties reconsideration of penalty reduction
reconsideration of claim overpayment authority to write off

Decision A-0845.97 Full Text of Decision A-0845.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Identical case to A-0846.97. See summary indexed under it.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties amount of penalty mitigating circumstances
penalties reconsideration of penalty reduction
reconsideration of claim overpayment authority to write off

Decision A-0846.97 Full Text of Decision A-0846.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

False Record of Employment (banking of hours) submitted by the claimant in order to obtain a higher rate of benefit. Penalty imposed at 300%. Earnings were also not reported one week; penalty imposed at 200%. In light of the decisions in Morin (A-453-95 and A-681-96), Dunham (A-708-95), Stark (A-701-96) and Turgeon (A-715-95), the Umpire refused to intervene in the amount of the penalties. The FCA, recognizing that the penalties imposed are not all of the same severity, assumed that the Commission had considered them case by case and dismissed the claimant’s appeal.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties reconsideration of penalty reduction
reconsideration of claim overpayment authority to write off
penalties amount of penalty mitigating circumstances

Decision A-0136.97 Full Text of Decision A-0136.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Case identical to that of Michel Castonguay. See summary indexed under A-0137.97.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
penalties proof
earnings proof
proof errors in law burden of proof

Decision A-0137.97 Full Text of Decision A-0137.97

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

Claimant participated in an hour banking scheme. When work slowed down, the claimant’s banked hours were paid to him as a salary. Penalties were imposed upon the claimant for failing to declare the earnings received in this manner. FCA found that the Umpire had failed to understand the issue before himself and the BOR in ruling that the Commission had not succeeded in proving that the claimant had worked during the weeks at issue. The Commission did not criticize the claimant for having worked during the weeks in question, but for failing to declare any earnings although he had received a salary. Such was the nature of the false statements attributed to the claimant. The claimant admitted to having received remuneration during the weeks at issue, though he had originally stated that he had earned nothing. The falseness of the statements had not only been admitted, but had resulted from a scheme that the claimant also acknowledged. FCA ruled that the Umpire should have recognized this and upheld the penalty.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings proof
proof errors in law burden of proof
penalties knowingly
penalties proof

Decision 25908 Full Text of Decision 25908

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings banking hours
Summary:

It is reasonable that one who would be banking hours in order to be paid during bad weather conditions would feel that he would not have to disclose these banked hours in his weekly reporting cards. I agree with the Commission's decision to concede this matter.


Decision 23446 Full Text of Decision 23446

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings bankruptcy
Summary:

Claimant worked 2 weeks and earned $748 and $814 but never received the monies. Held that even though there are no earnings to allocate, it is clear that claimant incorrectly answered the simple question of whether he had worked during those 2 weeks. Penalty upheld.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings bankruptcy

Decision 74941A Full Text of Decision 74941A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings illegal activities
Summary:

The claimant worked from November 2006 to October 2007 and did not report his earnings. The Commission allocated the unreported earning which resulted in a $4,074.00 overpayment, a penalty of $1,019.00 and issued a notice of violation. The claimant’s only explanation for not reporting all his earnings was that he did not fully understand what he had to report. The claimant's appeal is dismissed by the Umpire.


Decision 21730 Full Text of Decision 21730

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings illegal activities
Summary:

Guilty of 15 false or misleading statements: she pleaded guilty to the accusation of prostitution and keeping a bawdy house.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings income illegal activities

Decision 18566 Full Text of Decision 18566

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings retroactive contract
Summary:

Refer to: A-0769.90

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings allocation without services

Decision A-0769.90 Full Text of Decision A-0769.90

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties earnings retroactive contract
Summary:

I am not saying that the retroactive effect of the contract could be used against the claimant in order to impose a penalty on him. In the absence of evidence of prior agreement, he could not be criticized for having known, before signing his contract, that he would be paid retroactively.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings allocation without services
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