Teachers

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Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer



  1. Is the claimant a "teacher" ?
  2. applied for benefits during a "non-teaching period"?
  3. entitled to benefits during the "non-teaching period"?

References

Legal test


 
A teacher, as defined by Regulations subsection 33(1) Employment Insurance Regulations, is not entitled to benefits other than maternity or parental benefits, during a non-teaching period, unless they meet the conditions specified in Regulations subsection 33(2) Employment Insurance Regulations. HEMPEL  A 368-95 Judgment Of The Federal Court Of Appeal 

Onus of proof

Key Case Law


 

Supreme Court 27 June 1980 re: DICK [ 15540 Judgement Of The Supreme Court Of Canada]:  Interruption of earnings for teachers during non-teaching period and is paid for days taught only.

ARKINSTALL  A-26-09 Judgment Of The Federal Court Of Appeal , DORAIS  A-27-09 Judgment Of The Federal Court Of Appeal , WILLS  A-28-09 Judgment Of The Federal Court Of Appeal , HUMMEL  A-29-09 Judgment Of The Federal Court Of Appeal : Claimants teaching contracts had not terminated and they were not “casual” or “substitute” teachers within the meaning of subsection 33(2)(b) of the EI Regulations.

BLANCHET  A-103-06 Judgment Of The Federal Court Of Appeal and A-104-06   Judgment Of The Federal Court Of Appeal, BERNIER  A-110-06 Judgment Of The Federal Court Of Appeal, PELLETIER  A-111-06 Judgment Of The Federal Court Of Appeal: STONE  A-367-04 Judgment Of The Federal Court Of Appeal and A-368-04 Judgment Of The Federal Court Of Appeal: Establishes a list of considerations which may be relevant to determining whether a claimant's contract of employment for teaching has terminated.

ROBIN  A-261-05 Judgment Of The Federal Court Of Appeal, BAZINET et al  A-172-05 Judgment Of The Federal Court Of Appeal (leave to appeal denied by Supreme Court [31541]): No severance of the employer-employee relationship over the non-teaching period. The fact that there may be an interval during which a teacher is not under contract does not necessarily mean there is a severance in the relationship between the teacher and the employer.

OLIVER A-811-00 Judgment Of The Federal Court Of Appeal& GIAMMATTEI A-664-01 Judgment Of The Federal Court Of Appeal(leave to appeal denied by Supreme Court [ 29729 &   Judgement Of The Supreme Court Of Canada 29731 Judgement of the Federal Court of Appeal]), BISHOP A-151-01 Judgment Of The Federal Court Of Appeal, HANN A-678-95 Judgment Of The Federal Court Of Appeal, GAUTHIER A-128-95 Judgment Of The Federal Court Of Appeal, PARTRIDGE A-704-97 Judgment Of The Federal Court Of Appeal, YING A-101-98 Judgment Of The Federal Court Of Appeal:  Contract of employment during summer break

DONACHEY A-411-96 Judgment Of The Federal Court Of Appeal:  Contract of employment during Christmas and March break, while on unpaid leave of absence and also referred to a training course.

BARON A-8-98 Judgment Of The Federal Court Of Appeal:  Contract of employment during school holidays (December and March)

GRENIER A-512-95 Judgment Of The Federal Court Of Appeal, DUPUIS-JOHNSON A-511-95 Judgment Of The Federal Court Of Appeal:  Types of teaching contracts as they relate to 33 of the Regulations   Employment Insurance Regulations. Several non-teaching periods.

ST-COEUR A-80-95 Judgment Of The Federal Court Of Appeal:  Sickness benefits during non-teaching period. Christmas break.

HEMPEL A-368-95 Judgment Of The Federal Court Of Appeal:  Alleged discrimination under Canadian Charter of Rights and Freedoms. Sickness benefits during non-teaching period.

TAYLOR A-681-90 Judgment Of The Federal Court Of Appeal:  Teachers' Regulations and Canadian Charter of Rights and Freedoms

FALARDEAU A-396-85 Judgment Of The Federal Court Of Appeal:  Onus of proof.

BÉGIN  A-323-06 Judgment Of The Federal Court Of Appeal: Allocation of a lump sum pay adjustment in the rate calculation period.

BRUNEAU A-113-98 Judgment Of The Federal Court Of Appeal:  Allocation of earnings of a teacher.

ARMIN A-216-03 Judgment Of The Federal Court Of Appeal, WORDEN A-215-03 Judgment Of The Federal Court Of Appeal: instructor vs. teacher.





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