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Decision 38437A Full Text of Decision 38437A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The purpose of unemployment insurance (now employment insurance) is to provide assistance to those who have lost their jobs, are available for work and are making serious efforts to find new employment. It is not to provide benefits to those who are on holiday or convalescing outside Canada.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits out of canada

Decision A-0126.97 Full Text of Decision A-0126.97

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant left job in Nova Scotia to live with her boy friend in Windsor, Ont. Disqualified for V.L. without just cause. Appeal not based on the "common law relationship" argument but on Charter and Constitution Act, which guarantee the claimant's rights to move and take up residence, and to pursue the gaining of a livelihood, in any province. The UI Act provides a scheme of insurance for persons who become unemployed, not mobility insurance ruled the Umpire. The Act does not place any barrier nor discriminate against anyone on the basis of provincial residence. Claimant disqualified because she voluntarily left her employment in circumstances in which it cannot be said that she did not have any reasonable alternatives. Appeal summarily dismissed by the FCA.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation charter

Decision 40261 Full Text of Decision 40261

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Clmt requested benefits for the first month of employment as a salesman because he earned no commission. Lack of earnings does not establish unemployment. It is not the purpose the Act to subsidize a person in any employment until such time he is able to generate earnings.

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

Decision A-0274.95 Full Text of Decision A-0274.95

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Though I consider it praiseworthy that these beneficiaries wished to work, it remains that the Unemployment Insurance Act was not designed to compensate employees, when their employers are unable to pay their salaries owing to financial problems.

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

Decision 27230 Full Text of Decision 27230

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-0274.95

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

Decision 26990 Full Text of Decision 26990

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

As with any insurance scheme it is incumbent upon the person seeking benefits under the Plan to avoid increasing the risk of unemployment thereby casting the burden of supplying benefits to that person upon all the other contributors to the Plan. Not intended for those who elect not to be employed.


Decision 23887 Full Text of Decision 23887

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-0061.94

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
basic concepts rate of benefit computation

Decision A-0061.94 Full Text of Decision A-0061.94

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The underlying purpose of the Act is to provide a claimant with financial support until such time as she or he is able to find comparable employment. It is my understanding that it is not the purpose of the Act to discourage claimants from seeking part-time work which is precisely the case before us.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction intent and object
basic concepts rate of benefit computation

Decision 24975 Full Text of Decision 24975

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

It is well known that the purpose of the UI regime is to compensate persons who have involuntarily lost their employment. Thus, where persons have left their employment of their own accord or by their own doing, the system is not to be used for their benefit (see GAGNON).

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct questions to examine

Decision A-1472.92 Full Text of Decision A-1472.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The general scheme of the UI Act is to provide insurance through a national pooling of the risks and costs of unemployment. It is argued that the system is first a social security legislation. I accept that the Act cannot be understood and implemented as if it was simply a private insurance scheme.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
availability for work restrictions type of work
refusal of work suitability defined
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision 21935 Full Text of Decision 21935

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1472.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
availability for work restrictions type of work
refusal of work suitability defined
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision 21630 Full Text of Decision 21630

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1393.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction context and titles
basic concepts qualifying period extension incarcerated

Decision A-1393.92 Full Text of Decision A-1393.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Quoted from ABRAHAMS with approval: Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement provisions. I think any doubt arising from the difficulties of the language must be resolved in favour of claimant.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees rules of construction context and titles
basic concepts qualifying period extension incarcerated

Decision A-1036.92 Full Text of Decision A-1036.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

In approaching the interpretation of the UI Act, generally one must keep in mind the advice of the SC in ABRAHAMS and in HILLS to favour a liberal intepretation. Thus, Courts are urged by the Supreme Court of Canada to support the claims of workers to benefits where the language permits a choice.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute rationale
labour dispute conditions required for disentitlement
labour dispute loss of employment by reason of a stoppage
labour dispute loss of employment prior to stoppage
board of referees errors in law misinterpretation of facts

Decision 21236 Full Text of Decision 21236

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-1036.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute conditions required for disentitlement
labour dispute rationale
labour dispute loss of employment by reason of a stoppage
labour dispute loss of employment prior to stoppage
board of referees errors in law misinterpretation of facts

Decision 22047 Full Text of Decision 22047

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant asked why she was not entitled to UI after having contributed over more than 9 years. Claimants often share this misunderstanding. One contributes and one is entitled only in accord with the statute which generally supports those who, through no fault of their own, are unemployed.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work personal constraints after confinement

Decision A-0596.91 Full Text of Decision A-0596.91

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

This is particularly so in light of GAGNON where the Supreme Court said that where two interpretations of provisions of the UI Act are possible, the worker must be given the benefit of the doubt, taking into account that the purpose of the Act is to compensate workers who are involuntarily unemployed.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure interruption of benefit payments
board of referees rules of construction intent and object

Decision 19788 Full Text of Decision 19788

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Refer to: A-0596.91

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
claim procedure interruption of benefit payments
board of referees rules of construction intent and object

Decision 19923 Full Text of Decision 19923

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The unemployment insurance program is not a statutory investment or savings plan which allows claimants the right to receive benefits merely because they have paid premiums. Claimants must establish their eligibility for benefits in accordance with the Act.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized error by board

Decision 2122291 Full Text of Decision 2122291

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The aim of the Act has always been to create a social insurance plan to compensate unemployed workers for loss of income from their employment and to provide them with economic and social security for a time, thus assisting them in returning to the labour market. The aim of the UI Act is to compensate temporarily persons intent on remaining in the active labour force but who are at some point unable to find employment.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
federal court jurisdiction
federal court role
board of referees jurisdiction charter
umpires jurisdiction charter
federal court appeal system levels

Decision 19326 Full Text of Decision 19326

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Benefits are intended to be paid as insurance to people between jobs when they have lost employment with one employer and are seeking employment with another.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment rationale
board of referees rules of construction intent and object

Decision 18827 Full Text of Decision 18827

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Held not available while taking a course. Believes the question of need should be considered. While the factors enumerated are of significance to him, they are not to be taken into account under the Act which does not provide for need to be considered.


Decision 17586 Full Text of Decision 17586

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Contributions alone are not sufficient to entitle one to UI. The UI fund is not a type of banking arrangement whereby claimants pay premiums into it and then when they are no longer working they are entitled to draw on the fund.


Decision 16974 Full Text of Decision 16974

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

As Umpires have said time and time again, UI benefits are for those who through no action on their part find themselves without work and who, in spite of continuous and intensive efforts to find work, cannot do so.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption

Decision 16022 Full Text of Decision 16022

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Ordinarily when one pays premiums for term insurance, for example term life insurance, one does not receive a return of any portion of the premiums paid if one happens to outlive the term agreed upon in the insurance contract. [re pensioners]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings pension rationale

Decision S-1059.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The object of the Act is to compensate persons whose employment is terminated involuntarily and who are unemployed. Once the criteria for general entitlement are satisfied [insurable employment, interruption of earnings and availability], entitlement is the rule and disentitlement the exception.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
interruption of earnings conditions required
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 15311 Full Text of Decision 15311

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

I can sympathize with claimants' complaints as to unfairness of depriving them from benefits after so many years of paying premiums but only because they suffer from the misconception that UI is a form of savings to be returned to retired people.


Decision 1909488 Full Text of Decision 1909488

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the purpose of the Act is to make benefits available to the unemployed, a liberal interpretation of re-entitlement provisions is warranted, given the Act was not designed to deprive innocent victims of benefits and also employees do contribute to UI fund. [p. 35].

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
board of referees rules of construction each word counts
labour dispute rationale

Decision 14805 Full Text of Decision 14805

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

While the policy of the Act is to support those who are searching for work, that policy is implemented only in accordance with the legislative text of the Act. It is not enough to fit within the policy; a claimant must also fit within its legislative terms. [p. 10]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees observations from the Commission
voluntarily leaving employment health reasons
board of referees rules of construction intent and object
earnings income not insurable
board of referees natural justice notice of hearing

Decision 14652 Full Text of Decision 14652

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Claimant has no doubt, in common with many others, paid UI premiums for a long time, but those who do so, in common with others who pay premiums on term insurance are not entitled to recover premiums or to be excused from the terms of the policy.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts benefit periods extension wage-loss

Decision 14282 Full Text of Decision 14282

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

To provide financial assistance to persons who, through no fault of their own, have become unemployed, have a sincere desire to work and make a personal effort to find work. Temporary relief while actively seeking work of a nature possible to find.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses purpose of the legislation

Decision 12894 Full Text of Decision 12894

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Many people believe UI is a reserve that can be drawn on later on demand. Not sufficient to have contributed and be unemployed. Certain requirements must be met.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching availability for work summer months

Decision 12751 Full Text of Decision 12751

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Individuals assume that premiums give them a right to a return thereon. The UI system is not designed that way. Premiums are in the nature of another tax. The system is designed to pay unemployed individuals only in accordance with the rules set out in the Act.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions specific employer
availability for work applicability necessary conditions

Decision 11895 Full Text of Decision 11895

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The purpose of UI is to provide temporary relief to those persons who, through no fault of their own, lose their employment and are actively seeking employment of a nature which can possibly be found at some location readily accessible to their residence.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search reliance on others
availability for work restrictions labour market information
availability for work job search as a useless act
availability for work job search number of contacts

Decision 11143 Full Text of Decision 11143

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The UI Act is not simple to follow. It contains many twists and turns. Some of its provisions create conflicts. Law people often are in disagreement as to how it should be interpreted. Claimants have different perceptions and decisions sometimes create resentment.


Decision 11040 Full Text of Decision 11040

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Insured believed entitled to UI merely because contributed. Purpose of UI is exclusively to compensate for involuntary lay-offs and scarcity of jobs. Insurance against risk of unemployment. Numerous conditions must be met.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption
availability for work courses interruption short period of time

Decision 10835 Full Text of Decision 10835

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

The UI scheme is founded on a quasi-contractual philosophy. Individuals pay benefits and in return become insured persons. Their status and entitlement has nothing to do with other sources of income nor whether their assets are considerable or non-existent. [p. 8]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute charter

Decision 10689 Full Text of Decision 10689

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Object of Act: to create a UI system to provide unemployed persons with collective benefits of their insurance premiums so that can survive until they find new employment. Availability essential. Several sections reflect this principle.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work incompatible situations imprisonment

Decision A-0175.84 Full Text of Decision A-0175.84

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

See summary indexed under S-0175.84

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
labour dispute financing
board of referees rules of construction intent and object
board of referees legislative authority provincial and other laws
board of referees rules of construction each word counts
labour dispute rationale

Decision 1669883 Full Text of Decision 1669883

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement labour dispute provisions. I think that any doubt arising from the language of the statute should be given to the claimant. [p._13]


Decision A-0872.80 Full Text of Decision A-0872.80

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

Since the overall purpose of the Act is to make benefits available to the unemployed, I would favour a liberal interpretation of the re-entitlement labour dispute provisions. I think that any doubt arising from the language of the statute should be given to the claimant. [p._13]


Decision A-0166.74 Full Text of Decision A-0166.74

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority purpose of ui system
Summary:

This statute is even more difficult than most modern complicated statutes to comprehend. It is replete with special concepts created for the purpose of the statute. Its general scheme is almost completely obscured by being buried in detailed provisions.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching earnings summer months
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