In the Matter of the Employment Insurance Act,
S.C. 1996, c. 23
and
In the Matter of a claim for unemployment benefits by
Daniela Di Manno
and
In the Matter of an Appeal by the Claimant from the decision of a Board of Referees given at Richmond Hill, Ontario on March 26, 2004
Appeal heard at Toronto, Ontario on March 1, 2005
DECISION
R. C. STEVENSON, UMPIRE:
Ms. Di Manno appeals from the decision of a Board of Referees dismissing her appeal from a ruling of the Commission that it could not pay her benefits from June 30 to September 1, 2003 as no benefits can be paid to a teacher during a non-teaching period.
Ms. Di Manno did not appear for the hearing of this appeal and had indicated that she desired that the appeal be decided on the basis of the documents filed.
Ms. Di Manno was employed at a private school on a one year contract that expired June 30, 2003. She was re-hired on July 22 for the following school year.
The Commission now concedes that both it and the Board of Referees erred in failing to apply the Commission's policy that, in the case of 10 month contracts, when a contract for the next teaching year is signed during the non-teaching period, the disentitlement should be imposed as of the date of signature of the new contract.
I cannot find that the Board of Referees otherwise erred in law or in principle or that it based its decision on any erroneous finding of fact.
The appeal is allowed in part and the disentitlement period is shortened to the period from July 22 to September 1, 2003.
Ronald C. Stevenson
Umpire
FREDERICTON, NEW BRUNSWICK
March 11, 2005