Such a reduction in hours, and consequently in earnings, does not constitute a lay-off or separation pursuant to the regulation. A judgement on a similar case was found in FCA A-516-88 which dealt with a reduction of hours in a given week. However, a renewal of an expired contract, promotion to a new job, transfer to a new job or from one plant to other premises operated by the same employer would not be considered a lay-off or separation from employment. It is not relevant whether these two employments, held at the same time, are located at the same or different premises. As such, an interruption of earnings occurs when there is a separation from one of these employments, followed by seven days of no work and no pay. Similarly, where a claimant works at two distinct jobs at the same time for the same employer, this constitutes two separate employments. What must be determined is whether or not the separate franchises are considered the same employer as they may be considered two independent employers. There may be situations where a person performed the same duties under identical employment contracts for two separately incorporated franchises of the same company. has a lay-off or separation from one of two jobs with different employers.ceases to be employed by an employer by reason of the business being sold despite the fact that the new owners may have retained the worker's services without interruption.ceases to work by reason of a general vacation period but only from the last day for which vacation pay is paid ( EI Regulation 36(8)(a)).takes a leave of absence without pay while remaining under contract.temporarily ceases to work, voluntarily or not, by reason of a labour dispute.is temporarily suspended without pay from employment by reason of misconduct.A lay-off or separation is also considered to occur when an employee:
2.2.1 Lay-off or separation definedĪ lay-off or separation occurs when the employee is in fact laid off or dismissed, or when the employee resigns from employment. The requirement that an interruption of earnings occur may be broken down into three distinct parts: (1) a lay-off or separation from employment (2) seven days without work and (3) seven days without earnings, ( FCA-A-679-95, CUB 74576, CUB 72841, CUB 45876). 2.2.0 Requirements for an interruption of earningsĢ.2.0 Requirements for an interruption of earnings.
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