Excellent decision on backdating EI benefits for farmworkers

This is an excellent new decision from the Federal Court of Appeal on antedating an EI claim, especially for farmworkers. "Antedating" means backdating the application so that additional hours can be included for eligibility or benefits can be claims for past weeks.

The court points out some key aspects of the law on antedating that are often overlooked, and also summarizes the difficult and unfair conditions facing farmworkers and says that those conditions should have been taken into account in their appeals. While EI appeals are now decided by the new Social Security Tribunal rather than referees and Umpires, such substantive decisions about the EI system should still apply.

Congratulations to the two Ontario legal aid system lawyers, Jackie Esmonde and Jennifer Pothier, for an outstanding job of helping over 100 migrant farmworkers who were denied parental benefits, virtually the only worthwhile thing they could get for their EI premiums.