| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
I find unacceptable the CEIC's position to the effect that the circumstances or facts (enabling the rebuttal of the presumption of non-availability) be limited to a pattern of simultaneous work and study, said the Umpire. Upheld by the FC.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
The Board decided that the presumption of non-availability had been rebutted even in the absence of a pattern of work/study. What is at issue here is a question of facts determined by the Board, not by an Umpire. Neither perverse nor capricious finding, said the Umpire. Upheld by the FC.
