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Difference between revisions of "Employment Insurance Benefit Entitlement (8:VII)"
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Employment Insurance Benefit Entitlement (8:VII) (view source)
Revision as of 00:45, 9 September 2022
, 00:45, 9 September 2022→D. Disentitlement
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Disentitlements can last indefinitely until the situation is remedied. Further, a disentitlement can be retroactive, which can lead to decisions of overpayment (see below). The ''EI Act'' places the onus on the claimant to prove entitlement on the balance of probabilities (s 49). In cases where the evidence as a whole indicates that the claimant’s availability was doubtful, it might be held that the claimant had failed to prove that they were available for suitable employment. For example, if a person is disentitled because they have no child care arrangements, they may need to give the Commission the name of a relative or friend who will care for the child until a permanent arrangement can be made. | Disentitlements can last indefinitely until the situation is remedied. Further, a disentitlement can be retroactive, which can lead to decisions of overpayment (see below). The ''EI Act'' places the onus on the claimant to prove entitlement on the balance of probabilities (s 49). In cases where the evidence as a whole indicates that the claimant’s availability was doubtful, it might be held that the claimant had failed to prove that they were available for suitable employment. For example, if a person is disentitled because they have no child care arrangements, they may need to give the Commission the name of a relative or friend who will care for the child until a permanent arrangement can be made. | ||
As discussed above, the longer the period of unemployment, the less “picky” the claimant can be in their employment search (see [[Employment_Insurance_Benefit_Entitlement_(8:VII)#B. Suitable Employment|Section VII | As discussed above, the longer the period of unemployment, the less “picky” the claimant can be in their employment search (see [[Employment_Insurance_Benefit_Entitlement_(8:VII)#B. Suitable Employment|Section VII.B: Suitable Employment)]] for details). When claimants fill out EI application forms, they should not be too restrictive, especially about the wages they are willing to accept, or the distances they are willing to commute. Further, the Commission is likely to disentitle a claimant who is searching for a job that is virtually non-existent in the area the claimant is searching. Also, a former employee searching for a job in a field where the wages were atypically high can be disentitled if they restrict the search to jobs with similar wage levels. This can often be the case with formerly unionized workers. | ||
Ultimately, the Commission will make a judgment call about whether the claimant genuinely wants to find work and whether their current strategy maximizes the chances of success. | Ultimately, the Commission will make a judgment call about whether the claimant genuinely wants to find work and whether their current strategy maximizes the chances of success. | ||