Summary of Issue: To Take Care The Childrens

Decision A0334.12 Full Text of Decision A0334.12

On October 18, 2011, the claimant voluntarily left her employment in order to care of her young child. The claimant admitted that she would not be available for work after October 18, 2011, and for a period of at least six months. Her EI application was denied on the basis that she did not meet the requirement that she be available for work under paragraph 18(a) of the EI Act. The FCA reiterated that a claimant who demonstrates that she had just cause for voluntarily leaving her employment pursuant to paragraph 29(c) of the EI Act can receive regular EI benefits if she proves that she was available to work all working days during the benefit period pursuant to section 18 of the EI Act. The Court concluded that the Umpire could not refuse to apply the requirement of availability on the basis that the claimant had just cause for leaving her employment.

Decision 76532 Full Text of Decision 76532

The claimant took a leave of absence to look after his young children as cost of day care was too high for him to pay and his sister-in-law could no longer continue to care for his children. The claimant had been looking for a night shift position, but he nevertheless admits that while on leave to care for his children he was not actively seeking employment. Although the law recognizes that a parent needs to care for his children, the Act requires him to remain available for work every day without restrictions. He appeal by the claimant is dismissed by the Umpire.

Decision 72421 Full Text of Decision 72421

The claimant and his wife were both employed. His mother-in-law cared for their two young children while they were at work but she returned to India. The claimant quit his job to care for the children. The Commission ruled that it could not pay him benefits (1) because he had voluntarily left his employment without just cause and (2) because he had not proved his availability for employment. Claimants who establish just cause for leaving an employment still have to prove their availability for work in order to remain entitled to benefits. Difficulties in arranging childcare or the lack of childcare is itself evidence that one is not available for work. The appeal is dismissed.