Decision A-0388.04

Case Number Claimant Judge Language Decision date
Decision A-0388.04 Penney Anne-Marie  Federal  English 2005-06-21
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  58551A 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  incompatible situations  good reasons 

Summary:

The Commission found that the claimant had just cause for leaving her employment, but, since she was not available for full-time employment she could not receive benefits. The Umpire concluded that since the claimant had just cause pursuant to subsection 29(c) that the availability requirement of section 18 of the Act could not be applied to disqualify her from receiving benefits. The Court concluded that the Umpire failed to apply the jurisprudence and that the requirement of availability cannot be waved on the ground that the claimant had good cause for leaving her employment.


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