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Difference between revisions of "Benefit Period of Employment Insurance (8:V)"
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Benefit Period of Employment Insurance (8:V) (view source)
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:'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. In one case, the applicant was in the hospital and the Commission denied his application for antedating on the grounds that his wife should have made the claim on his behalf. Simple ignorance of the requirements of the EI Act has not been considered good cause either, though reasonable reliance on bad advice from the employer, union, a legal advisor or the Commission itself usually meets the requirements. | :'''What is “Good Cause”?''' Good cause has typically been interpreted narrowly. In one case, the applicant was in the hospital and the Commission denied his application for antedating on the grounds that his wife should have made the claim on his behalf. Simple ignorance of the requirements of the EI Act has not been considered good cause either, though reasonable reliance on bad advice from the employer, union, a legal advisor or the Commission itself usually meets the requirements. | ||
:In [https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?autocompleteStr=FCA%20139&autocompletePos=2 ''Attorney General v Burke | :In [https://www.canlii.org/en/ca/fca/doc/2012/2012fca139/2012fca139.html?autocompleteStr=FCA%20139&autocompletePos=2 ''Attorney General v Burke, 2012 FCA 139''], a claimant asked for his application to be back dated because he had expected to be rehired and hence did not apply for EI until after the regular deadline. The Federal Court of Appeal upheld the previous decisions granting an antedate on the basis that the claimant had done what a reasonable person would do. | ||
== C. Income That is Treated as Earnings == | == C. Income That is Treated as Earnings == | ||
