CUB 19081

CUB 19081

"TRANSLATION"

February 13, 1991 le 21 mars 1992

le 13 février 1991 March 21, 1992

ISSUE: Interruption of Earnings - Sections 6, 9 Act

37 Regulations

APPELLANT: Claimant

DECISION: Dismissed

CLAIMANT: Annie BOULIANE

DECISION

DUBÉ, J., UMPIRE:

This case involves one of a number of claimants who were employed by Importation Keystone Inc., a company which went bankrupt and did not pay its employees during the period in question, namely during January and February 1989.

Applying sections 6 and 9 of the Unemployment Insurance Act, and sections 37 and 39 of the Regulations, the Commission denied them benefits during this period considering that, even though they were not being paid, they were not unemployed because they were engaged in insurable employment.

This was the Board of Referees' understanding when it ruled that these claimants had not had an interruption of earnings within the meaning of the Act since an interruption of earnings within the meaning of the Act implies a stoppage of work (see CUBS 7011 and 8891).

In this case, the claimant had not even filed a request that her claim be antedated. The Board of Referees was therefore not required to consider the subject. The claimant was effectively working in the service of her employer from January 15 to February 1, 1989, even though she was not paid during that period.

Consequently, the claimant's appeal is dismissed.

UMPIRE