Employment Insurance Appeal Decisions Favourable to Workers

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Table of Contents



Benefit of the Doubt
Cumulative Effects
Delayed Reporting
General Principles- Reasonable Person
Good Cause
Health Reasons
Ignorance of the Law
Interruption of Earnings
Misinformation from the Commission
Misinformation from a Third Party
Record of Employment- Delay
Special Circumstances - Not Informed by the Commission

Availability For Work

Awaiting Recall
Benefit of the Doubt
Failure to Prove Unemployment
Failure to Show Intention to Seek Employment
Incompatible Situations - Family Obligations
Information Session - Disentitlement
Job Search
Out of the Country
Part-Time Employment
Restrictions - Reasonable Period of Time
Restrictive Conditions - Refusal of Suitable Employment
Restrictions - Work Permit
Restrictions - Side Business
School / Training

Basic Concepts

Hearsay Evidence
Normal Place of Residence
Qualifying Period - Application Error
Qualifying Period - Extension
Recalculation of Benefits
Waiting Period Waiver

Board Of Referees

Decision Writing - Reasoning - Findings of Fact
Evidence - Statements
Grounds for Appeal - Without Regards for Material
Hearings - Attendance of a Third Party
Jurisdiction - Penalties
Role of the Board of Referees
Principles of Natural Justice

Course Of Instruction/Training


Delayed Appeal

Delayed Appeal to Board of Referees
Delayed Appeal to the Umpire
Delayed Appeal to the Umpire - Health Reasons (New)


Allocation - Annual Bonus
Allocation - Banked Time
Allocation - Closure Pay
Allocation - Commissions
Allocation - Contract Period
Allocation - Emotional Distress
Allocation - Overtime
Allocation - Time Limits
Allocation - Tournament Prizes
Allocation - Vacation Pay
Awards - Damages
Awards - Exemplary Damages
Awards - Nature of Monies
Awards Severance - Wrongful Dismissal
Awards - Right of Reinstatement
Meal - Allowance
Pension - Not Earnings
Pension - Pay in Lieu

Federal Court of Appeal

Antedated Claim
Board of Referees - Decisions Requirements
Board of Referees - Disqualifications
Delayed Appeals - Board of Referees
Evidence - New Evidence Not Available At Time of Hearing
False or Misleading Statements
Medical Certificates - Voluntarily Leaving
Penalty-Reduction for Hardship
Relief Grant
Umpire - Role/Powers


Self-Employment - Minor Extent
Work Schedules

Labour Dispute

Bargaining Unit - Not a Member
Direct Interest - Requirement
Employment Contract - Non-Existent
Employer Shutdown
Picket Line - Honouring
Political Protest
Replacement Workers - Employers Use Of

Maternity - Parental



Absences from Work
Altercations (Verbal and Physical)
Benefit of the Doubt
Breach of Agreement
Breach of Confidentiality
Breach of Policy
Breach of Rules
Criminal Charges
Element of Wilfulness Dishonesty
Emotional Reaction
Illegal Acts
Incidents Outside of Employment
Incident Prior to Employment
Issue of Natural Justice
Job Performance
Medical Issues
Misconduct Defined
Natural Justice/No Recording of Hearing
Personality Conflict
Progressive Discipline
Refusal of Order
Settlement Agreements
Substance Abuse - Alcohol/ Drugs
Terms of Employment (Contract)

Penalties/False and Misleading Representations

Availability for Work
Benefit of the Doubt
Clarification of Earnings
Confusion/ Mental State
Employee/Employer Relationship
Erroneous Record of Employment
Exemption from Completing Claimant's Report
False and Misleading Representations - Penalties
Family Relationship
Notice of Penalty
Outside of Canada
Outside of Canada - Availability
Periodic Claims - Maternity/Parental Benefits
Procedural Policies - Ignorance of the Law
Reduction of Penalty
Removal of Penalty - Undue Hardship Removal of Penalty
Reporting - By Third Party
Reporting - Self-Employment

Reconsideration Of Claim

Authority to Review
Number of Insured Weeks

Refusal Of Work

Babysitting Arrangements
Good Cause
Hours of Work
Wages or Salary

Self Employment

Business Owner - Not Employed
Job Search - Availability
Minor in Extent
Shareholder in Business
Starting Business
Time Spent

Sickness Benefits

Natural Justice
Sick Pay - Earnings


Contract of Employment - Non-Teaching Period
Teacher - Defined

Voluntarily Leaving

Antagonistic Relationship
Applicability - Unauthorized Leave of Absence
Benefit of the Doubt
Care for a Child
Care for Family Member
Care for a Spouse
Collective Agreement Rights
Constructive Dismissal
Economic Factors
Employers Financial Obligations
Evidence - Documented
Excessive Overtime
Findings of Fact - Original Statements / Information
Health and Safety
Intolerable Working Conditions
Lack of Proof
Medical Information - Defined/Requirements
Modification of Terms and Conditions of Employment / Work Duties
Multiple Jobs
Natural Justice
New Employment - Full Time to Temporary
No Reasonable Alternative
No Reasonable Alternative - Multiple Jobs
Non-Renewal of Employment Contract
Obligation to Accompany a Spouse/Partner/Fiancé
Part Time Employment
Payroll Problems
Permanent Employment to Temporary
Personal Reasons - Ethical Considerations
Practice Contrary to Law
Reasonable Assurance of Employment
Resignation - Forced/Coerced
Sexual Harassment
Significant Changes in Work Duties
Significant Modification of Wages or Salary
Terms of Employment - Employer Breach
Training Program/School
Trial Employment Period
Undue Pressure to Leave Employment
Voluntary Quit - Workforce Reduction
Workforce Reduction - Permanent/Temporary