Chapter 6
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Problem 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 March the following year she goes to the Department of Employment and 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 12 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 March (of the following year). Work out the number of months between these two dates. From 5 February to 30 March = 12 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 12-month period has expired when she can show just cause (very good reasons why she is late).