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Decision 70769 Full Text of Decision 70769

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Following his cessation of employment, the claimant continued working part time for the service provider four hours a week and he was paid for those hours. He also worked an additional 40 hours per week or more as a volunteer in order to set up a furniture recycling project. He indicated that he considered those hours to be his contribution to the community to combat poverty. The Commission found that the claimant worked full weeks. According to the Umpires, the claimant admitted that he had worked 40 hours per week on the waste sorting and recovery project and he did not provide any evidence of job searches. He did not prove that he was unemployed within the meaning of the Employment Insurance Act.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment full working week

Decision 64328 Full Text of Decision 64328

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

The claimant admitted in his statutory declaration that he worked several hours a week at his employer's garage on a volunteer basis in order to help his boss. He admitted that he was not available for other employment because of the time he spent in the garage. The Umpire upheld the Board of Referees' decision that the claimant had not established that he was not working a full week.


Decision A-0477.00 Full Text of Decision A-0477.00

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

The claimant worked for his father and was laid off. While receiving benefits, the claimant reported that he continued to do the same work on a volunteer basis for his father for approximately 40 hours a week. Moreover, the company paid him for 10 hours a week and the claimant considered the other 30 hours to be volunteer work. Umpire decided that the claimant was not unemployed. Decision upheld by the Court. The claimant was not a disinterested party. He worked to save his father's business and he received $90 a week from that business.


Decision A-0427.99 Full Text of Decision A-0427.99

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Claimant is a co-founder and employee of a visually impaired association. Because of financial difficulties, the Association stopped paying the claimant but she continued to work. She was considered not unemployed. BOR concluded that she had a vested financial interest in that she was safeguarding and maintaining her future employment with the Association. Umpire ruled that it was community work with no empoyee-employer relationship and allowed the claimant's appeal. Held by the Court that the umpire had substituted his own finding of fact in place of the BOR's finding.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision 45444 Full Text of Decision 45444

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Company in financial difficulty and claimant laid off. Claimant continued to work for father for roughly 40 hours, 10 hours of which were paid at $9/hour. Was this volunteer work? No, according to the Umpire. Work not disinterested: claimant was trying to save father's business and hoped to retain his job once the financial problems were resolved. Laprise (A-1009.90) and Bérubé (A-0986.88) cited.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment friends or relatives

Decision 45675 Full Text of Decision 45675

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

See summary indexed under FCA A-0477.00


Decision 44889 Full Text of Decision 44889

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

See summary indexed under FCA A-0427.99

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision A-0144.98 Full Text of Decision A-0144.98

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

To avoid closure of the firm where the claimants had been working, they each contributed $10,000, and agreed to pay $18,182 over a 10-year period. Meanwhile, they had volunteered long hours of their time to attempt to save the business. It was determined that the claimants were not unemployed, because they worked full working weeks under section 43(1)(a) of the Regulations. Decision upheld [by] the Umpire. FCA agreed with the Umpire's decision and stated that the question to be answered in all these cases was whether the claimants had worked full working weeks. FCA found that, under the circumstances, the answer to this question remained the same, whether section 43 or 44 of the Regulations was applied.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings charter
week of unemployment shareholders

Decision A-0105.98 Full Text of Decision A-0105.98

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Claimant was paid for 10 weeks, and for the remainder of the year she worked as a volunteer while collecting benefits. FCA upheld the Umpire's decision that the claimant's work was not entirely unselfish since she had always been rehired by the community television station after her so-called volunteer period.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
basic concepts insurability jurisdiction

Decision 39928 Full Text of Decision 39928

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Claimant is paid for 10 weeks and during the rest of the year she provides her services on a voluntary basis while receiving benefits. Umpire concluded that her work was not entirely disinterested because she derives a benefit from it, namely, the hope of being paid for 10 weeks each year. Paying her benefits would be like subsidizing the work she does for the corporation.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law misinterpretation of facts

Decision 39074 Full Text of Decision 39074

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

A person is not doing volunteer work if the person works for a commercial undertaking in which the person has important interests and from which the person may derive an economic benefit.


Decision A-0679.95 Full Text of Decision A-0679.95

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
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). Her employment was therefore not terminated. Even if there had been a break in employment, her direct interest in the company did not allow her to claim that she had become a volunteer worker within the meaning of the Act.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required 7 days without earnings

Decision 32650 Full Text of Decision 32650

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

According to Laprise (A-1009-90), which in turn is based on the ruling in Bérubé (A-986-88), work cannot be defined as volunteer work when it has been demonstrated that the worker derived, or hoped to derive, some advantage or profit from the work. Volunteer work implies disinterest.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision 29150 Full Text of Decision 29150

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Refer to: A-0679.95

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required 7 days without earnings

Decision 26125 Full Text of Decision 26125

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Claimant's relations with his former employer were voluntary in nature. He received no remuneration, and his pathetic hope of keeping the business alive for some imaginary prospective buyer who could hire him was far removed from a genuinely objective expectation.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties knowingly
penalties work without remuneration

Decision 26139 Full Text of Decision 26139

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

The claimant was obviously not without an interest in the success of the business of her common-law spouse, and in that sense, one cannot speak in this case of true volunteer work which, according to the interpretation given by the jurisprudence, must be truly disinterested.


Decision 25125 Full Text of Decision 25125

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Alleges she was simply doing benevolent work or working gratuitously without pay. This claim has no merit. Since she admitted to having been granted shares in the company, she could not be totally disinterested in the outcome of the business.


Decision 21925 Full Text of Decision 21925

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Drives a taxi for his father as it is impossible to transfer it to him before he purchases it; the father takes care of the payments concerning the taxi; in return, the insured will eventually receive the taxi rights for $15,000 instead of $40,000. No unpaid work in this agreement.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment friends or relatives

Decision 21371 Full Text of Decision 21371

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Quitte son emploi chaque année en mai afin d'aller travailler bénévolement pour la ferme Ste-Thérèse dans le cadre du groupement «Penseurs du 20e siècle», faisant du «travail d'aide» contre logement et une partie de sa nourriture. Reprend ensuite son emploi. Non en chômage.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings

Decision 21373 Full Text of Decision 21373

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

She worked on the farm for at least 40 hours a week. VINET quoted regarding meaning of volunteer work. Because she provided regular work in return for food and lodging, that is, in return for economic benefit, it was not true volunteer work.


Decision 18752 Full Text of Decision 18752

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Refer to: A-1009.90


Decision A-1009.90 Full Text of Decision A-1009.90

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Radio station director who, by reason of the station's financial difficulties, agrees, for a period of time commencing one week after his separation, to accomplish the same duties with a minimal remuneration. Definition of benevolent work examined in BERUBE. Upheld by FC.


Decision 19409 Full Text of Decision 19409

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Co-owner of commercial venture. For the concept of volunteerism to apply, person claiming to do so must be totally disinterested. See BÉRUBÉ. Not receiving remuneration does not mean absence of financial benefit.


Decision A-0986.88 Full Text of Decision A-0986.88

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

One of the main questions at issue was precisely whether or not the work performed by claimant was really benevolent, i.e. whether he really did not expect to receive any pecuniary advantage. Not considered work under ss. 10(1) if work is really benevolent in nature. Claimant worked 50 hours a week in mother's snack bar. Mother and claimant's girlfriend also worked there. A claimant really providing benevolent services does not work within the meaning of ss. 10(1).

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
week of unemployment friends or relatives

Decision A-0771.88 Full Text of Decision A-0771.88

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Claimant who devoted much time to his wife's 2 businesses operated out of the basement of their family home. For assistance or voluntary effort to be authentic, the applicant would not be able to derive any economic benefit. No evidence to this effect.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment business of a spouse
week of unemployment proof
week of unemployment charter

Decision 15420 Full Text of Decision 15420

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Refer to: A-0771.88

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment business of a spouse
week of unemployment proof
week of unemployment charter

Decision 11406A Full Text of Decision 11406A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

168 hours per week working with alcoholics in rehabilitation. Possibility of job if project accepted. In absence of contract, any earnings or even free housing, not an employment. Mere hope of obtaining employment does not create an employment.


Decision 12380 Full Text of Decision 12380

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Board erred in law in concluding that a person who receives $30 per week for petty cash in addition to accommodation at hotel at employer's expense is working as volunteer.

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

Decision 11390 Full Text of Decision 11390

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment benevolent work
Summary:

Worked on purely volunteer basis 6 hours per day in drug addictions for opening of residential facility. Not paid and not expecting to be paid. Work done cannot constitute full working week under Reg. 44.

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