| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
deferred salary leave |
|
Summary:
Claimant under deferred salary leave plan whose only effort to find work is to make himself available as supply teacher at the same school, as per Umpire [p.10-12]. The Umpire did not err in concluding to claimant's failure to prove availability.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
The Board erred in law in interpreting CUB 5463. That CUB states that being on an unpaid leave is not conclusive of non-availability. It is not authority for the proposition that one is necessarily available.
| 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 interpreting CUB 5463. That CUB states that being on an unpaid leave is not conclusive of non-availability. It is not authority for the proposition that one is necessarily available.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work accompanied by personal efforts and conditions not unduly restrictive. Efforts must be active, not just passive and one must not be merely in a state of readiness, said the Umpire. The Umpire did not errin his conclusion.
