Difference between revisions of "Penalties, Violations, and Offences with Employment Insurance (8:VIII)"

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Penalties, Violations, and Offences with Employment Insurance (8:VIII) (view source)

Revision as of 02:02, 17 August 2018

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→‎C. The Violation System
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In the case of new entrants or re-entrants that have committed a violation in the 260 weeks prior to making their initial claim, the number of hours required to qualify is even higher:
*a) '''minor violation:''' the number of required hours is increased to 1,138 hours;
*b) '''serious violation:''' the number of required hours is increased to 1,365 hours;
*c) '''very serious violation:''' the number required is increased to 1,400 hours.
In each of the above scenarios, and in the case of persons who are not new or re-entrants, the Commission may now apply the increased hours rule to a claimant’s next '''two''' claims, (if made over the course of the next 260 weeks). This makes it critical to appeal any penalty orviolation decision.


:'''NOTE:''' Violations should always be appealed.
:'''NOTE:''' Violations should always be appealed.
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Pursuant to s 7.1(4), the Commission may issue a violation notice for:  
Pursuant to s 7.1(4), the Commission may issue a violation notice for:  
*a) one or more penalties imposed under ss 38, 39, 41.1 or 65.1 as a result of acts or omissions mentioned in ss 38, 39 or 65.1;  
*a) one or more penalties imposed under ss 38, 39, 41.1 or 65.1 as a result of acts or omissions mentioned in ss 38, 39 or 65.1;  
*b) a finding of guilt for an offence under ss 135 or 136; or
*b) a finding of guilt for an offence under ss 135 or 136; or
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=== 3. Classifying Violations ===
=== 3. Classifying Violations ===
If a violation is found to have occurred, as determined by the above criteria, it must be classified for purposes of the '''s 7.1(1) Table''', and  also for new and re-entrants. The ''EI Act'' classifies violations in the following manner under s 7.1(5)(a):  
If a violation is found to have occurred, as determined by the above criteria, it must be classified for purposes of the '''s 7.1(1) Table''', and  also for new and re-entrants. The ''EI Act'' classifies violations in the following manner under s 7.1(5)(a):  
*a) Minor violation: if the value of the violation is less than $1,000;  
*a) Minor violation: if the value of the violation is less than $1,000;  
*b) Serious violation: if the value of the violation is less than $5,000 (but more than $1,000), it is a serious violation;  
*b) Serious violation: if the value of the violation is less than $5,000 (but more than $1,000), it is a serious violation;  
LSLAP
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