Employment Insurance Benefit Entitlement (8:VII): Difference between revisions
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Employment Insurance Benefit Entitlement (8:VII) (view source)
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, 5 August 2017→C. Disqualification
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== C. Disqualification == | == C. Disqualification == | ||
Disqualification can be imposed under s 27(1) and s 30(1) of the EI Act. The effects of disqualification differ depending on what category the disqualification falls into: | |||
Section 27(1) | Section 27(1) and 28(1) of the EI Act state that a claimant may be disqualified from receiving benefits for 7 to 12 weeks if, without good cause, he or she: | ||
* refuses a suitable employment offer; | |||
* refuses to apply for suitable employment when aware that a position is vacant or is becoming vacant; | |||
A claimant can be disqualified from receiving benefits for up to 6 weeks | |||
* neglected to avail himself or herself of an opportunity for suitable employment; | |||
* failed to attend an interview recommended by the Commission; or | |||
* under s 27(1.1), has failed to attend a course of instruction or training referred to by the Commission. | |||
The disqualification will be deferred if the claimant is otherwise entitled to special benefits. In other words, a disqualification under section 27(1) of the EI Act will disqualify a claimant from receiving regular benefits, but the claimant may still collect any special benefits to which they are entitled. | |||
NOTE: In these cases the length of disqualification is appealable. | |||
Section 30(1) of the EI Act states that a claimant is disqualified when he or she is fired due to his or her own misconduct or when he or she quits without just cause. However, s 35 states that s 30(1) does not disqualify a claimant from receiving benefits if remaining in or accepting employment would interfere with the claimant's membership in a union or the claimant's ability to observe a union's rules. | |||
The effect of a s 30 disqualification is a cut-off of all regular benefits in a benefit period. Such a disqualification is imposed if the claimant has lost any job in the qualifying period for the reasons set out in s 30, even if the claimant had other work before applying for EI (s 30(5) and (6)). Only if the claimant has worked enough hours since the disqualifying loss of employment to meet the hourly requirements to establish a claim will the disqualification not be imposed. For example, if a worker is employed in a job for five years, and gets fired for misconduct, the worker would be totally disqualified under s 30 from all regular benefits. If the worker subsequently finds a second job, and gets laid off from that second job after 10 weeks, the total insurable employment would be calculated as the number of hours worked during those 10 weeks after the earlier s 30 disqualification. The worker’s previous five years of insurable employment would not count unless the worker had enough hours in the 10-week period to qualify under the s.7 table. In that case, the previous hours would count toward the number of weeks of payable benefits. | |||
A disqualification under section 30(1) of the EI Act is suspended for any week the claimant qualifies for special benefits. In other words, the claimant will disqualified from receiving regular benefits if they leave their employment without just cause or lose their job due to their own misconduct, but the disqualification will not prevent the claimant from collecting special benefits to which they are entitled. | |||
=== 1. Just Cause for Voluntarily Leaving Employment === | === 1. Just Cause for Voluntarily Leaving Employment === | ||
