| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The fundamental rule is that students engaged in full-time courses of study are presumed to be unavailable for work in the absence of any referral by the Commission. This is a rebuttable presumption, but very strong and compelling evidence of availability is required to rebut it.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
The Board erred in law in allowing the case by blatantly ignoring the fundamental rule regarding non-availability of full-time students in university, and by placing undue and mistaken emphasis on an ancient history of part-time employment in a capacity other than that of student.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
not applying jurisprudence |
|
Summary:
The Board erred in law in allowing the case by blatantly ignoring the fundamental rule regarding non-availability of full-time students in university, and by placing undue and mistaken emphasis on an ancient history of part-time employment in a capacity other than that of student.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Took a part-time nightshift job with the RCMP at some time while employed as pastor. He was not a student at the time and the history of the event is far from recent. A lot of persons take on extra work to earn extra income. This could not qualify as a recent history of part-time student employment.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The whole underlying scheme or purpose of the UI legislation is to protect unemployed persons against the rigours of involuntary unemployment, not to subsidize students pursuing educational goals, however laudable their intentions may be.
