Summary of Issue


Decision 22116 Full Text of Decision 22116

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Refer to: A-1692.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability relation with refusal of work
basic concepts disqualification multiple

Decision A-1692.92 Full Text of Decision A-1692.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Two job refusals resulting in 2 disqualifications and a disentitlement. According to the Umpire, a disqualification and a disentitlement cannot be imposed for the same reasons. Error of law, the Court held. The disqualification and the disentitlement refer to different facts and distinct schemes. It is possible that the claimant's gesture, leading to the disqualification (s. 27), reveals a behaviour which equally warrants a notice of disentitlement (s. 14). For example, 2 job refusals would tend to indicate that a claimant is actually not available.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability relation with refusal of work
basic concepts disqualification multiple

Decision 18150 Full Text of Decision 18150

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Teacher who chose an extended leave of absence rather than return to work after confinement. Disqualified 3 weeks for neglect to avail and disentitled for failure to prove availability. Both decisions arise out of the same fact situation. No error on the part of the Board.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work leave without pay

Decision 14617A Full Text of Decision 14617A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Claimant argues that as a result of a 6-week disqualification for leaving work he ought to be entitled to UI once the disqualification ends. This would be acceptable if a second disqualification for attending a full-time course had not been imposed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses employment left
availability for work courses pattern study-work not at same time
availability for work restrictions part-time work employed

Decision 14924 Full Text of Decision 14924

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Insured person declared ineligible until 22-7. Therefore, before that date, he could not serve the 6-week disqualification resulting from employment refusal. Therefore, ineligible even if employed within a job creation project. [p. 5]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
job creation disqualification and disentitlement

Decision 12908 Full Text of Decision 12908

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

3 months unpaid leave to attend courses. Left voluntarily without just cause and not available.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted

Decision 12854 Full Text of Decision 12854

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Disqualified for 6 weeks in 11-85 for leaving voluntarily, 6 weeks in 1-86 for refusing employment and disentitled in 3-86 for non-availability.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification multiple

Decision 12767 Full Text of Decision 12767

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Nowhere in Act does it say that imposition of one penalty automatically rules out application of another. While cumulative penalties may appear harsh and unfair, penalties exist for a very specific reason.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure requests for information
voluntarily leaving employment working conditions unsatisfactory
voluntarily leaving employment new employment delay between two jobs

Decision 12614 Full Text of Decision 12614

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

I would have thought that CEIC could not rely on ss. 14(a) and 28 simultaneously. Review of case law seems to indicate contrary. See RONDEAU and CUB-12464.


Decision 12589 Full Text of Decision 12589

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

I would note that disqualification and disentitlement cannot be served concurrently; must be sequential.


Decision 12464 Full Text of Decision 12464

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Benefit period commenced 28-7. Claimant found not available until 22-9. Waiting period and disqualification can only be served from latter date. Waiting period served from 22-9 to 5-10. Disqualification served 6-10 to 16-11. Entitled to receive benefit from 17-11. [p. 4-5]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts waiting period
voluntarily leaving employment personal reasons moving

Decision 11941 Full Text of Decision 11941

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Refused work so that she could make a trip to India. Found not available in the meantime and in addition disqualified 6 weeks for refusal. Disqualification served only following return to Canada since it applies at a time when one is entitled to receiveUI.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work unreasonable restrictions

Decision 11333 Full Text of Decision 11333

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

It is argued that the disqualification under 28(1) cannot be served when a claimant has been disentitled for failing to comply with s.41. This argument is well founded.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods duration
basic concepts disqualification expiration
claim procedure address of normal place of residence change

Decision A-0613.81 Full Text of Decision A-0613.81

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Claimant disqualified and disentitled; she refused employment because she could not find a babysitter. Double penalty argument not raised.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work babysitting arrangements
availability for work restrictions hours of work
availability for work incompatible situations good reasons
availability for work incompatible situations family obligations
board of referees errors in law availability concept
board of referees errors in law meaning of a term

Decision A-0889.77 Full Text of Decision A-0889.77

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

Voluntary departure to go to school; disqualification and disentitlement upheld; however, matter of double penalty not put in issue.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees statement of facts not to be read strictly

Decision A-0133.76 Full Text of Decision A-0133.76

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement
Summary:

If the facts justify the disentitlement under s. 14, the CEIC must consequently dismiss the claim and apply any disqualification based on the facts to a period for which benefits would otherwise be payable.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods cancellation
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