ROBERT T. CHISHOLM - BACKGROUND TO REQUEST FOR ADDITIONS
TO CUB 28929
.------------------------------------------------------------------------------------Date: December 11th, 1995.1. This request for amendments to CUB 28929, dated August 29th 1995, concerns additional clauses to make it fully effective. For reasons which will become apparent later, Mr. Chisholm contends that the Commission has not made "the appropriate determination" referred to in CUB 28929; in particular, the Commission has appeared to take no account of Mr. Chisholm's requests for re-training assistance, with particular reference to "ON-SITE" for the purpose of assisting him to obtain reemployment in his field as a mechanical engineer.
2. Following the issue of CUB 28929, the Commission established Mr. Chisholm I s benefit period as 17 weeks. The whole of the amount thus established was paid to Mr. Chisholm between November 15th and November 21st 1995 and his benefit period then immediately expired, as documented by the benefit statement slips attached. At that point, he again became ineligible for any training courses sponsored in whole or in part by the Commission, and in particular "ON-SITE". This was done without any satisfactory explanation and without any prior discussion with Mr. Chisholm.
3. "ON-SITE" is directed at two main objectives: (a) solving energy-management and waste-management problems for both private sector and public sector organisations and (b) assisting unemployed professionals such as managers, chemists and engineers such as Mr. Chisholm to obtain employment. The normal placement period in the program is now 26 weeks and participants are paid at the maximum benefit rate throughout the program. When demand for places exceeds availability, applicants are wait-listed but are automatically forced to drop out if they are not placed before their regular U.I. benefit period expires.
4. Mr. Chisholm's situation , prior to the issue of CUB 28929, involved "constructive dismissal', in which he was forced to leave his previous employer, Dean's Professional Painting Inc. in Ottawa, after only 17 weeks, on account of escalating wages arrears and absence of satisfactory assurance that they would ever be paid. He has a wages-arrears claim against this employer, filed with the Ontario Ministry of Labour on December 12th 1994, which has still not been paid (file no. 20031109). Mr. Chisholm contends that the circumstances correspond with sub-sections 28(4)(g),(h) and (j) of the Act.
5. The Unemployment Insurance Act in its present form provides for re-training of unemployed people, but only those in receipt of U.I. benefits, for the purpose of improving employment prospects.
6. The Unemployment Insurance Act in its present form was not intended to dis-entitle unemployed people from benefits, and
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