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Office of the Umpire,--------------------------------------------------------------------Mr.
R.T. Chisholm,
P.O. Box 8966,-----------------------------------------------------------------------------590
High Street,
Ottawa,--------------------------------------------------------------------------------------North
Bay,
ONTARIO KlG 3J2.----------------------------------------------------------------------ONTARIO
PlB 6R6.
FAX 1-613-995-5008---------------------------------------------------------------------Tel.
(705)474-3059
------------------------------------------------------------------------------------------------FAX (705)474-3059
------------------------------------------------------------------------------------------------December 11th, 1995.
Dear Sirs,
Robert T.
Chisholm - S.I.N. 262-644-495 - CUB 28929,
dated August 29th,
1995.
This letter concerns a request for additions
to CUB 28929 to make it fully effective.
This request is being made under Section 86
of the Unemployment Insurance Act, on the grounds that the determination which
has since been made by the Commission is not appropriate, and takes no account
of important facts of which the Commission was and is aware.
In particular, the determination took no
account of Mr. Chisholm's interest in re-training, with particular reference to
the "ON-SITE" program, of which the Commission was fully aware both
before and after CUB 28929 was issued. Mr. Chisholm also considers that some
important sub-sections of the Act were overlooked when the determination was
made, notably subsections 26(2), 26(5) and 26.1(1); he also considers that he
is being unfairly disbarred from re-training for suitable employment based on
misinterpretation of the Act. This has followed a constructive-dismissal
situation involving escalating wages arrears at a time when he had only 17
weeks of insurable employment, as a painter, when he is really a mechanical
engineer. Furthermore, he took this employment as a painter, which was
unsuitable having regard to his qualifications as an engineer, because no other
employment was available.
He therefore now requests the following
additions to CUB 28929:-
(a) Confirmation of eligibility for the
"ON-SITE" program, and immediate placement on the waiting list for
it.
(b) Extension of his benefit period to a
maximum of one hundred and fifty-six weeks, as permitted under sub-section
26(5) of the Unemployment Insurance Act.
(c) Immediate payment of all benefits arrears
to date, as if clause (b) above applied.
(d) Continuation of benefit payments until
such time as a suitable placement in "ON-SITE" is available, or until
such time as alternative re-training carrying satisfactory guarantees of
subsequent employment can be arranged, whichever can be achieved first.
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