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12. Application for UIF Benefits is Too Late

Iris worked as a cook at the Late Nite Restaurant for 5 years. She paid into the Unemployment Insurance Fund (UIF) for 5 years.

She is dismissed from her work on 5 February. On 30 August she goes to the Department of Labour to apply for unemployment benefits. Six weeks later they tell her that she will get no benefits because her application is too late. She comes to you for help.

What Does the Law Say?

The Unemployment Insurance Act sets down very strict rules about time for applying for benefits. You get 6 months from the time that you stop working to apply for UIF benefits. (See; Unemployment Insurance Fund)

What Can You Do?

You must first work out if Iris’s application is late.

First take the date Iris was dismissed: 5 February. Then take the date she made her application: 30 August. Work out the number of months between these two dates. From 5 February to 30 August = 6 months 25 days.

According to the law, Iris is too late to apply for unemployment benefits. But the commissioner may accept an application after the 6-month period has expired when she can show just cause (very good reasons why she is late).

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