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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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