Home >
  • Quick Reference Tool

    Employment Insurance Appeal Decisions Favourable to Workers

    Table of Contents

     

    Antedate

    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
    Basic
    Benefit of the Doubt
    Failure to Prove Unemployment
    Failure to Show Intention to Seek Employment
    Incompatible Situations - Family Obligations
    Information Session - Disentitlement
    Job Search
    Medical
    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

    Attendance
    Availability

    Delayed Appeal

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

    Earnings

    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
    Bonuses
    Meal - Allowance
    Pension - Not Earnings
    Pension - Pay in Lieu
    Royalties
    Warnings/Violations

    Federal Court of Appeal

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

    Fishing

    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

    Adoption
    Earnings

    Misconduct

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

    Penalties/False and Misleading Representations

    Availability for Work
    Benefit of the Doubt
    Clarification of Earnings
    Confusion/ Mental State
    Credibility
    Employee/Employer Relationship
    Erroneous Record of Employment
    Evidence
    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
    Training

    Reconsideration Of Claim

    Authority to Review
    Number of Insured Weeks

    Refusal Of Work

    Babysitting Arrangements
    Good Cause
    Hours of Work
    Suitability
    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

    Teaching

    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
    Discrimination
    Economic Factors
    Employers Financial Obligations
    Evidence - Documented
    Excessive Overtime
    Findings of Fact - Original Statements / Information
    Harrassment
    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
    Resignation - Forced/Coerced
    Retirement
    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
    Wages
    Workforce Reduction - Permanent/Temporary

    2012-09-27