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THE INDEX OF JURISPRUDENCE
A SUPPLEMENT TO THE DIGEST OF BENEFIT ENTITLEMENT PRINCIPLES


Case Number: Claimant: Judge: Language: Decision date:
Decision 24574 Brinkhoff Hans  Haddad  English 6/20/94 
Decision Appealed: Appellant: Corresponding Case:
Dismissed  No N/A   

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
week of unemployment line of work 

Summary:

Welder by trade. Due to problems with his back he found he was unable to lift heavy objects. He, therefore, acquired his business with the intention of making it his primary means of livelihood. Having regard to all the factors it was incumbent upon him to personally attend to its daily operations.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
week of unemployment job search 

Summary:

Claimant did make a serious effort to find work in the welding industry. That effort does not detract from the fact that throughout the active life of the company he was employed and in control. It is fair to believe he was ready to draw remuneration if and when the company fortunes improved.

Issue:Sub-Issue1Sub-Issue2Sub-Issue3
week of unemployment  incomes 

Summary:

His involvement in the operation of the company was not minor in character. To allow him to draw benefits while he managed the business would be tantamount to a subsidy until the business reached the point of prosperity. The failure to generate sufficient income does not make an employee unemployed.

     
   
Last modified :  2005-11-24 top Important Notices