| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
There is a presumption that a person enrolled in a course of full-time study is generally not available for work within the meaning of the Act. This presumption is capable of being rebutted by proof of exceptional circumstances. Evidence of a limited job search for evening and weekend employment is not proof of exceptional circumstances.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
There is a presumption that a person enrolled in a course of full-time study is generally not available for work within the meaning of the Act. This presumption is capable of being rebutted by proof of exceptional circumstances. Evidence of a limited job search for evening and weekend employment is not proof of exceptional circumstances.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
There is a presumption that a person enrolled in a course of full-time study is generally not available for work within the meaning of the Act. This presumption is capable of being rebutted by proof of exceptional circumstances. Evidence of a limited job search for evening and weekend employment is not proof of exceptional circumstances.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Leaving employment to return to school is, in the absence to the contrary voluntarily leaving. Voluntarily leaving to pursue education is to be commended. It is a voluntary leaving for good reason or with a laudable motive but court decisions make it clear that unless the course is sponsored by the Comission, it is not a leaving of employment for just cause.
