Decision 76468
Full Text of Decision 76468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
Availability Criteria |
|
Summary:
The claimant was receiving regular unemployment benefits when he reported that he was starting a course. The course would lead him to a certification as a gas technician. On December 2, 2009, an agent obtained further information from the claimant. He indicated that he had 40 hours per week of training/course of instruction and 10 hours per week spent on studies. He indicated that he was not available for and capable of the same type of work and under the same condition as before. He also confirmed that he would not leave his training course if it conflicted with a full-time job. The claimant’s onus was to prove that he was available to accept work without any restriction. He clearly did not do at least for the period from November 16, 2009 to January 30, 2010. According to the Umpire, the BOR appled the wrong test. The claimant was required to show that he was available to work at any time without any conditions that would limit his availability. Evidence that he would be available to work at irregular hours does not meet that onus. The Umpire concluded that the BOR erred in law and on the facts. The Commission's appeal is allowed by the Umpire and the decision of the BOR is set aside.
Decision 71255
Full Text of Decision 71255
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
Availability Criteria |
|
Summary:
The claimant indicated that she was attending a full-time education program in Childhood Education. The courses were given from 8:20 am to 4:30 pm, from Monday to Friday. She also expected to have to devote another 10 to 15 hours per week on her course. Her intention was to devote her time to her course rather than look for work. She added that she was a student trying to get through her course and not having to worry about working part time to pay her bills and she could not live solely on her student loan. She stated that she was not available to work because of her studies. Subsequently, she indicated that she was available to work on a part-time basis but on weekends only, as school had to come first. It is well established in the jurisprudence that a person whose availability for employment is limited to part-time work outside his or her course schedule has not established availability for employment pursuant to subsection 18(a) of the Act. The Commission’s appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
Decision A0356.07
Full Text of Decision A0356.07
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
Availability Criteria |
|
Summary:
The Court referred to the three criteria in A-56-96 (Faucher) for assessing availability in situations such as in CUB 68476 : 1. a wish to return to the labour market as soon as suitable employment is offered; 2. an indication of this wish by efforts to find such suitable employment; and, 3. absence of personal conditions that unduly limit chances of returning to the labour market. The Court dismissed the Commission's appeal as the claimant had successfully rebutted the presumption of non-availability before the Board. The Commission limits the impact of this decision to the particular facts of the case.
Decision A-0129.03
Full Text of Decision A-0129.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
The claimant was disentitled after a four month period to find employment. He had a history of working while attending school full time. The Court concluded that the claimant had not rebutted the presumption that a person going to school full time is not available for work.
Decision 56284
Full Text of Decision 56284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
Refer to summary indexed under FCA A-0129.03
Decision 42165
Full Text of Decision 42165
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
Although the claimant showed that he had a history of working and going to school, he was not granted any reasonable period of time, and he was refused benefits. According to the Umpire, BOR erred in law in not taking this situation into account by granting a reasonable period of three months, given his undisputed history of working and going to school and the claimant's availability to work part-time while attending school 15 to 18 hours a week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
| board of referees |
errors in law |
availability concept |
|
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 36242
Full Text of Decision 36242
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
Pattern of working while attending school established. BOR is wrong in saying that claimant could look for p/t job without a termination date, that is to say indefinitely. Jurisprudence shows slearly that a period of 8 weeks is the norm. Here the Commission had granted 18 weeks. The BOR erred in not finding that the 18 weeks already granted for search time was reasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 33048
Full Text of Decision 33048
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
The beneficiary is unemployed, and takes courses during the day. Because of his work and study history, he received benefits between September and December. A new course began in January 1992, and was scheduled to finish in April 1992. The course was ruled ineligible: a reasonable period for study had been granted, and there was no evidence the beneficiary had seriously been looking for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision A-0631.94
Full Text of Decision A-0631.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
Claim allowed by Commission from 29-11-91 due to past employment during school. Disentitlement imposed from 9-92. Availability based on a prior pattern is not binding as to the future. The Board was entitled to conclude that he was not available, said the Umpire. No error on the part of the Umpire.
Decision 25575
Full Text of Decision 25575
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Summary:
Refer to: A-0631.94
Decision 31357A
Full Text of Decision 31357A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
The beneficiary is studying law at university. Obviously, in addition to the hours spent in class, she required time to study and prepare for her courses, as well as for transportation, eating, sleeping and looking after her son.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 27952
Full Text of Decision 27952
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
The weight to be given to claimant's first statement of non-availability is a matter of credibility. The Board also found that he had a work history while at school. I am unable to find that the Board erred in law or made its finding of fact in a perverse or capricious fashion.
Decision 26777
Full Text of Decision 26777
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
Taking a Bar Admission course can be expected to require considerable preparation and study outside of class hours, and the Bar itself discourages students from working while taking such courses. It is reasonable to conclude that the primary objective is to succeed and be admitted to the Bar.
Decision 25449
Full Text of Decision 25449
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
Claimant argued that he is indeed available during the course because if he was hired by a law firm, he would be put on salary during the course, and that therefore the course does not prevent him from securing employment with a law firm. That does not render him available for work.
Employed for one year as an articling student with a law firm. The next phase to practice law in Ontario is to take the Bar Admission Course, which he commenced following completion of his articles. No history of work while attending courses. His intention is clearly to complete the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Decision 25041
Full Text of Decision 25041
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
Claimant attended mandatory classes from 1:00 p.m. to 4:30 p.m. She has a history of nearly 2 years of work while at the law school. It is an unreasonable demand to require the employer to arrange employment around hours of availability. She has a very commendable work record, but she was not available.
Decision 24972
Full Text of Decision 24972
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Summary:
Jurisprudence dealing with Bar Courses examined. Claimant has a history of working part-time while attending law school. He even worked for the very Law Society which runs the course. However, a work history while going to school is not determinative in this case.
He cannot practice law in Ontario without first successfully completing the Bar Course; therefore, any jobs applied for as counsel imply an intention to complete the course. Given this, I am not convinced that he viewed the successful completion of the course as anything but his primary concern.
Decision 62137
Full Text of Decision 62137
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
boarding school |
|
Summary:
The Commission rejected the application of the claimant who was taking a police training course at the Institut de Police du Québec in Nicolet, where she was required to reside for the duration of the program. The Umpire referred to a Court decision that affirms that a claimant who takes a full time course, to which the claimant has not been referred, is presumed to be unavailable for work and that seeking evening and weekend employment did not constitute an exceptional circumstance sufficient to rebut this presumption. Therefore, the Judge upholds the Commission's decision and sets aside the decision of the Board of Referees.
Decision A-0719.91
Full Text of Decision A-0719.91
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
credits obtained |
|
Summary:
Claimant was not believed when he stated that he would have dropped his university courses for which he had received large subsidies in the form of scholarships and student loans if he had been offered employment. In those circumstances, it is clear that the Umpire was right to dismiss his appeal.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| board of referees |
errors in law |
attending classes |
|
Decision 20021
Full Text of Decision 20021
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
credits obtained |
|
Summary:
Refer to: A-0719.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| board of referees |
errors in law |
attending classes |
|
Decision 19821
Full Text of Decision 19821
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
credits obtained |
|
Summary:
Seasonal worker in off-season engaged in a 4-month course which could be started and ended with retention of credits earned at any stage. Willing to leave the course to accept work and this he did for a 2-week period when an opportunity arose.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
error by board |
|
Decision A-0698.92
Full Text of Decision A-0698.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
discrimination and unfairness |
|
Summary:
Declared not available because he is following courses on his own. He wants to be treated with justice and argues that the law is unfair. Despite the sympathy that may be felt for the applicant, we cannot intervene.
Decision 21035
Full Text of Decision 21035
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
discrimination and unfairness |
|
Summary:
Refer to: A-0698.92
Decision 16010
Full Text of Decision 16010
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
discrimination and unfairness |
|
Summary:
Claimant argues that it is discriminatory under the Charter to provide UI only to persons who are attending approved courses. To show discrimination, claimant would have to establish that he stands in the same situation as others who fall under the exception and do receive UI.
Decision 40584
Full Text of Decision 40584
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
onus of proof |
|
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 35921
Full Text of Decision 35921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Full-time students are usually considered unavailable for work. This presumption can be rebutted if the claimant is willing to abandon the course for a suitable employment, if he is conducting an active job search, or if his course schedule is flexible.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 23546
Full Text of Decision 23546
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
I conclude that the Board erred in law when it concluded that existing jurisprudence excludes full-time students from receiving UI benefits and that the Board cannot render a decision based on a promise by the claimant that he would change his full-time status to part-time in the event of a job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Decision 18696
Full Text of Decision 18696
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
It is clear that the Board applied the wrong test. It is not merely cases in which one has shown a pattern of work coincident with a full-time course which satisfies s.14. The test is always the overring consideration of whether the particular claimant was in fact available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 18337
Full Text of Decision 18337
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Despite the general rule, attendance at a course does not in itself warrant disentitlement for not being available, since there is no automatic prohibition. The claimant may be able to rebut the presumption of unavailability. The usual tests of availability apply.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 15325
Full Text of Decision 15325
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
It must be kept in mind that while 39(1) provides that one may be deemed available while attending course to which referred, this does not mean the converse is true. Persons attending courses not approved are not automatically not available.
Decision 15316
Full Text of Decision 15316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Attendance at a course is prima facie evidence of non-availability, but not automatic grounds for disentitlement. Factors to be examined: claimant's intention in case of job offer, amount of tuition, nature of course, purpose of taking course, job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
| board of referees |
natural justice |
defined |
|
Decision 14677
Full Text of Decision 14677
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
The Board agreed that he is attending a course to which not referred and therefore is disentitled. The issue was availability. The Board misdirected itself and erred in law by failing to consider the usual tests of availability. Non-referral is not an absolute prohibition. [p._7]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
improper hearing |
|
| board of referees |
errors in law |
attending classes |
|
Decision 14434
Full Text of Decision 14434
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Although the circumstances that will rebut the presumption of non-availability are rare, the Board is under an obligation to consider whether they exist in each case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 13426
Full Text of Decision 13426
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Not to be automatically equated to non-availability. Attendance at a full-time course only raises a presumption that one is unavailable. It is not conclusive of the fact. It is open to the claimant to prove otherwise. This presumption is one which very few have discharged.
Decision 12941
Full Text of Decision 12941
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Not sufficient to refer to presumption; must still examine specific details of case and whether history of employment at irregular hours. If so, must allow reasonable time.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
The Board may have thought that there was a legislative prohibition on the payment of UI to persons attending a full-time course. There is no such prohibition. Had Parliament so decided, it would have been a simple matter to provide for it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
employment left |
|
Decision 12358
Full Text of Decision 12358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Attending a non-referred course does not automatically exclude from UI. Disentitlement follows not as a statutory consequence but only because one has not discharged the presumption of non-availability. What is raised is a presumption only that may be rebutted.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 12313
Full Text of Decision 12313
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
S.39(1) does not deem those claimants who attend courses to which not referred to be unavailable. To be registered in a full-time course does not entirely eliminate the possibility that one could be available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision 12145
Full Text of Decision 12145
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Attendance at a full-time course may not in itself be sufficient to warrant a disentitlement, yet it nevertheless raises a presumption of non-availability and the onus is on the claimant to rebut this; disentitlement not automatic.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 12108
Full Text of Decision 12108
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Parliament proclaims that claimants who are referred to a course by the Commission are unquestionably available; Parliament never enacted that all others are never available.
Decision 11879
Full Text of Decision 11879
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Attendance at a full-time course when claimant not referred to it raises a strong presumption of non-availability and the onus is on claimant to rebut this. The Act does not provide for an automatic disentitlement but a claimant must be available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
change of course |
|
|
| availability for work |
courses |
presumption |
|
Decision 11281
Full Text of Decision 11281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
The Board concluded that since claimant was taking a full-time course she was not available and that was the end of the matter. It failed to exercise its function in not considering a number of facts.
Decision 11075
Full Text of Decision 11075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Summary:
Ss.26(1) does not define exhaustively the circumstances in which one may attend a course and still be available. It only gives one example. Here, a 3-week course not related to usual work and very small tuition are not such as to make claimant not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| availability for work |
restrictions |
reasonable period of time |
|
Decision 72159
Full Text of Decision 72159
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant was an immigrant and had a study permit. The claimant quit her job because she was taking a financial planning course. Her work permit expired as of August 31, 2007. She advised her employer that she was returning to school. The jurisprudence has shown that a person who voluntarily leaves their employment must show that they had just cause as the burden is on them unless they can show that they had no reasonable alternative and they must also show that they have availability while attending the course. On the issue of availability, it is clear that the claimant when taking a full time course of study is not available for work unless she shows that she complies with s. 18 of the Act. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision A-0736.01
Full Text of Decision A-0736.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant left his employment to return to full-time studies. The Court points out that the issue of availability is an objective question, and finds that the claimant was not available for work given his voluntary restrictions.
Decision 52688
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Refer to summary indexed under FCA A-0736.01
Decision 26011
Full Text of Decision 26011
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The fact that claimant voluntarily left her part-time employment while attending school on a full-time basis, combined with her lack of a serious and continuous job search and the fact she was only willing to accept part-time work, clearly show that her primary concern was to attend her course.
Decision 21961A
Full Text of Decision 21961A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
In my view of the evidence, including the claimant's whole course of conduct in leaving her employment in order to enroll in a word processing course and paying a $2,700 fee, such a self-serving statement (that she would leave the course) cannot carry the kind of weight the Board attributed to it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 22642
Full Text of Decision 22642
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant voluntarily left her employment in order to enrol in the University of Quebec at Trois-Rivières. The claimant very clearly and unambigously showed, by her actions, that her principal aim was not to work, but to continue her studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 18691
Full Text of Decision 18691
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The fact that she left work to attend the course, that it was the 2nd year of a 2-year course, her attendance, her personal investment, the restrictions on type of work and the limited job search all indicate an intention to attend the course rather than find employment.
Decision 18481
Full Text of Decision 18481
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Heavy burden of proof on full-time students. Mere statements of availability are not sufficient. She left her job to attend a full-time course. It defies all logic to accept she would leave the course, into which she had made a substantial cash investment, to return to her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 18477
Full Text of Decision 18477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant left a full-time job in Toronto to return to school in Newfoundland. The Board erred when it found that she was available on the basis that she was working part-time on week-ends. Availability means available for full-time work during generallyaccepted working hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 18475
Full Text of Decision 18475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
It defies all reason that a person would ask for and obtain a 9-month leave of absence from employment to attend a course of instruction and then assert that she was, during that period, actively looking for employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Decision 16095A
Full Text of Decision 16095A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant did state he would be prepared to leave the course if suitable work found but that is a statement of questionable credibility considering he had left his employment to return to university to complete the courses required for his degree.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
time required for studies |
|
Decision 16534
Full Text of Decision 16534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I agree with the Board's reasoning that it is not logical to accept claimant's submission that he would have left the course to accept employment in the same or related job when he had quit that job for the purposes of taking the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
|
Decision 14617A
Full Text of Decision 14617A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant argues that as a result of a 6-week disqualification for leaving work he ought to be entitled to UI once the disqualification ends. This would be acceptable if a second disqualification for attending a full-time course had not been imposed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
courses |
pattern study-work not at same time |
|
| availability for work |
restrictions |
part-time work |
employed |
Decision 15667
Full Text of Decision 15667
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant took leave of absence from casual work to attend course. There is evidence that her real interest was in completing her course because her leave of absence would preclude her from being offered employment by former employer should the occasion arise.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 15662
Full Text of Decision 15662
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Ample evidence to support the Board's finding. Claimant left her employment to attend the course, she was paying a substantial sum ($800) by way of tuition and, although she said she would be willing to leave the course, no convincing evidence of job search.
Decision 15581
Full Text of Decision 15581
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant must convince the Board that work is his prime concern and that the course is only secondary. He left a part-time job to spend more time on his studies. This does not support willingness to work or leave the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
evidence new |
|
Decision 14330
Full Text of Decision 14330
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Declared he was prepared to quit course in event of suitable employment. I am certain that he would not have quit hiscourse since he said himself that he had quit his job to go back to school.
Decision 13805
Full Text of Decision 13805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The Board noted that claimant had left her full-time job to attend school. As this, of course, leads to the reasonable conclusion that she would not leave school to take up a full-time similar job, attempts were made to obtain her real motives.
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I find this statement (willing to quit school if work found) difficult to believe as I am satisfied that the claimant quit his employment for no other reason than to return to school.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 13593
Full Text of Decision 13593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I would find it most unusual for an individual who decided to leave a well paying job to return to complete his final year of study at University to abandon his course of study for a job.
Decision 12602
Full Text of Decision 12602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant was granted by his employer a 2-week leave to take flight training and obtain his pilot licence. There is no doubt that the claimant was unavailable for work.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
To leave employment without just cause 1 year earlier on a previous course invites a 6-week disqualification. When this has been done a claimant is entitled to have future claims adjudicated without reference to that previous event unless a course of conduct is established.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
disentitlement not automatic |
|
Decision 12311
Full Text of Decision 12311
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
As to the claimant's statement that she would leave the course if suitable employment were found, she was employed full-time and left to take the course. Every reason not to believe that she would leave the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Decision A-0669.02
Full Text of Decision A-0669.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Student found unavailable for work because she would only accept full time work at a specific salary. The Court stated that the absence of personal conditions that might unduly limit the chance of returning to the labour market is a factor that must be considered in reaching a conclusion with respect to availability. The Court quashed the Umpire's decision on the ground that neither the BOR nor the Umpire had taken into account the claimant's restricted availability.
Decision 55385
Full Text of Decision 55385
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Refer to summary indexed under FCA A-0669.02
Decision 39372
Full Text of Decision 39372
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
The case law has often reiterated that a full-time student, who is planning to work on a part-time basis during irregular hours and on weekends, is not available in the sense that is required by the Unemployment Insurance Act. Consequently, he does not fulfill the conditions for entitlement to benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 38251
Full Text of Decision 38251
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Claimant registered in full-time studies. Reports that she is available to work Mondays, Wednesdays and Fridays from 5:00 p.m. to 9:00 p.m. Under the Act, a claimant is not entitled to receive benefit for any day with regard to which he cannot prove that he was able to work, was available for work and was unable to find suitable employment. Clearly, the requirements of the claimant's studies excluded her, for all practical purposes, from nearly all suitable jobs available at that time.
Decision 35820
Full Text of Decision 35820
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
It is established that a full-time student is generally not available for work. Such availability must be demonstrated for regular working hours and not only for weekends and evenings.
Decision 31357A
Full Text of Decision 31357A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
It is not sufficient for a beneficiary to declare himself available for work, if his primary objective is not to get a job but to pursue his studies. In this case, the evidence on record shows that the beneficiary wanted, first and foremost, to continue with his law studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Decision 24573
Full Text of Decision 24573
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
History of part-time work while working full-time. This may have been considered a factor by the Board. In any case, it is clear that the claimant is not available for full-time employment and should not be eligible for benefits based on his prior full-time wages.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 20538
Full Text of Decision 20538
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
The purpose of the UI Act is not to finance full-time students. The claimant's willingness to accept work in the evenings or during weekends is not evidence of being available as required by the Act; on the contrary, it indicates a lack of availability.
Decision 18477
Full Text of Decision 18477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Claimant left a full-time job in Toronto to return to school in Newfoundland. The Board erred when it found that she was available on the basis that she was working part-time on week-ends. Availability means available for full-time work during generallyaccepted working hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 16242
Full Text of Decision 16242
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Leaves his job in 12-86 to take courses. Favorable ruling by the Board starting 24-8-87, since the insured accepted 15 hours of work per week. Error in law. The required availability is full time during normal business hours. No work/study experience.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Decision 16015
Full Text of Decision 16015
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Merely being available for weekends and evenings does not constitute availability. No indication claimant would have abandoned his studies to accept work. The intention of a claimant to really discontinue his course so as to accept work is a very important criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
Decision 14317
Full Text of Decision 14317
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
While there may be justifiable exceptions, availability means availability for full-time employment during normal working hours of particular market-place. It presupposes a willingness to work under normal conditions without undue restrictions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
warning |
|
Decision 13986
Full Text of Decision 13986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
To be viable, availability must not be fettered by excessive restrictions. Prima facie, a claimant who rules out the first three working days of the week from the outset seriously limits his availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
| board of referees |
weight of statements |
contradictory |
|
Decision 13438
Full Text of Decision 13438
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Courses from Monday to Thursday and, according to board, benefit must be paid for Friday. Decision reversed: full-time availability is required, unless has history of part-time.
Decision 11679A
Full Text of Decision 11679A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Error of law to say that availability evenings and weekends is not what Act requires. While there is presumption that students not available, not sufficient to say this; must examine facts of case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| board of referees |
errors in law |
attending classes |
|
Decision 11464
Full Text of Decision 11464
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Availability required is full-time during normal hours. Rebuttable presumption. Object of Act not to subsizide studies. Summer work has no influence on availability during courses. Good history during courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 11352
Full Text of Decision 11352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
In the absence of exceptional circumstances, availability for work is availability to work full-time during hours considered to be normal working hours. A claimant must be available at any time during a 24-hour period for the number of hours required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 11296
Full Text of Decision 11296
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
In general, a claimant must be available at any time during a 24-hour period at the times specified by the employer. Here, claimant left employment and returned to school without looking for work. What he actually wants is not work but financial assistance during the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
Decision 11203
Full Text of Decision 11203
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Mere willingness to work and availability in afternoons or evenings is insufficient, as most students are seeking part-time work. S.39(1) implies non-availability of a claimant attending a full-time course to which not referred. Exception if pattern established.
Decision 11113
Full Text of Decision 11113
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Extensive job search while on benefit. She then took a 4-week dog-grooming course and found work within a week following completion. The UI Act requires availability during normal working hours. Misinformation does not alter this.
Decision 10810
Full Text of Decision 10810
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Summary:
Failing exceptional circumstances, availability generally means full-time during normal working hours. Seeking work amounts to full-time job. One could not reconcile an effective job search with attendance at intensive course of studies. The rule is that there is a presumption.
Decision A-0670.02
Full Text of Decision A-0670.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
The Commission denied benefits to the claimant who was on a three year training course, only available weekends and Mondays, with no work/school history and no search for work. The Court concluded that the Umpire had erred in law in failing to properly apply the test for availability set out in Faucher. The Court found that the claimant had not rebutted the presumption of unavailability.
Decision A-0043.01
Full Text of Decision A-0043.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
The Commission had determined that the claimant was not available for work as she had returned to school. The Court reiterates that the period of benefits in terms of duration is not relevant in determining the claimant's availability.
Decision 54968
Full Text of Decision 54968
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Claimant attends a training program 5 days per week from 8:00 a.m. to 3:00 p.m. She is doing a job search but would not leave her course unless she could earn $19/hr and would not work for minimum wage. No history of working while attending school and the course schedule limits her availability for work. Claimant disentitled for not being available and decision maintained both by BOR and the Umpire. Good review of the principles and the jurisprudence by Umpire in regards to availability vs full-time training course.
Decision 55383
Full Text of Decision 55383
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Refer to summary indexed under FCA A-0670.02
Decision 50194
Full Text of Decision 50194
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Refer to summary indexed under FCA A-0043.01
Decision 29563A
Full Text of Decision 29563A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Clmt was a part-time student enrolled in a day course for personal enjoyment and had a history of working evening shifts. BOR erred in concluding that clmt was not available for work as BOR did not consider clmt’s previous pattern of work which was compatible with his class schedule, the type of course not being career oriented would have been easy to drop and the quality of his job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
| penalties |
misrepresentation |
|
|
Decision 29205
Full Text of Decision 29205
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
It does not preclude one whose primary intention is to find work to occupy part of his time improving his intellectual background and acquiring additional tools to obtain work, provided he continues to seek employment. The studies allow him to do so and he would cease should a job become available.
Decision 26859
Full Text of Decision 26859
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
The course was job-related. This finding was clearly viewed as material for the Board to allow the case. The fact that the course was job-related is not a relevant factor.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 23546
Full Text of Decision 23546
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Graduate student who had completed all course-work and comprehensive exam requirements in April. No compelling connection to his academic institution or to rigorous time schedules. Full-time student who has a great deal of flexibility of course hours and duration. Prepared to change status.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 23547
Full Text of Decision 23547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Unique case. The purpose of the course was to qualify him for the practice of law in Ontario. If his sole employment goal was dependent upon successful completion of the course, this would preclude his being available. However, he had other viable employment alternatives which he was pursuing.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 18037
Full Text of Decision 18037
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
In every case the question which must be asked is whether claimant was available. This includes an examination of factors such as: flexibility of hours; money invested; intentions; job search; credit courses or merely for interest; length and timing of course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 15316
Full Text of Decision 15316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Attendance at a course is prima facie evidence of non-availability, but not automatic grounds for disentitlement. Factors to be examined: claimant's intention in case of job offer, amount of tuition, nature of course, purpose of taking course, job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
| board of referees |
natural justice |
defined |
|
Decision 14023
Full Text of Decision 14023
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Factors to consider: full-time or part-time, the tuition paid, flexibility of course hours, duration, genuine intent of claimant to leave if work found, work pattern and claimant's efforts to find work. [p. 6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
definition |
|
Decision 13806
Full Text of Decision 13806
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
Full-time attendance raises a strong presumption. In favour of claimant: would leave the course, intention emphasized again later, extensive job search. Against claimant: course is full-time, substantial tuition fee, long-term course, normal working hours.
Decision 11358
Full Text of Decision 11358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Summary:
One consideration is: would she have abandoned the course had employment become available? A number of factors to examine, for example tuition paid; if sum great less likely claimant would quit. Purpose? Personal fulfillment only or obtaining a diploma?
Decision 25519
Full Text of Decision 25519
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
Full-time student applying for benefits over the Christmas break from 11-12 to 4-1. The limitation placed on his availability for work was such as to make any job search redundant. The short period of availability in a restricted work market cannot be seriously considered as qualifying him for UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
binding judgments |
|
Decision 22697
Full Text of Decision 22697
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
School break from 16-4 to 4-5. The Board agreed that finding work for such a short period restricted the availability sufficiently to justify a conclusion that claimant was not available. While it is a borderline case, the decision is not so manifestly erroneous as to justify me to interfere.
Decision 12849
Full Text of Decision 12849
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
UI not meant to subsidize full-time educational pursuits. Although the period from 24-11 to 5-1 is a rather long Christmas vacation, the Board declined to allow the appeal. Decision unexceptionable.
Decision 12091
Full Text of Decision 12091
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
8 week course interrupted by 3 weeks of inactivity; issue related to these 3 weeks.
Decision 11602
Full Text of Decision 11602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
Although forcefully argued by claimant that a Christmas labour market of some 3 weeks does in fact exist, the overwhelming jurisprudence is quite clear. A student in full-time attendance at school is not considered to be on the labour market.
Decision 11353
Full Text of Decision 11353
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
Availability as required by s.25 is generally availability for regular full-time employment. Claimant's restrictions for the duration of the Christmas holiday period and to an occupation in which there were few opportunities are clearly restrictions which show non-availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| reconsideration of claim |
errors by Commission |
not binding for future |
|
Decision 11307
Full Text of Decision 11307
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
Factual case. Attending courses, semester ends 16-12 and says he would not be returning to school until 16-1. No evidence of job search. Case allowed from 3-1: advised on that date his marks were not adequate to continue the course.
Decision 11040
Full Text of Decision 11040
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
short period of time |
Summary:
Student available full-time during Christmas holidays. According to CUB-2987, except in exceptional cases, restriction disqualifies. Nothing to show this was an exceptional case. No history of working during holidays.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| availability for work |
courses |
presumption |
|
Decision 11585
Full Text of Decision 11585
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
interruption |
strike |
Summary:
Teachers' strike 17-10, claimant then seeking temporary full-time day work. Returned to school 9-11 after strike. Availability means maximizing chances of employment not diminishing them by exacting employment of short duration.
Decision 74921
Full Text of Decision 74921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
The claimant said he started his training before losing his employment and said he was willing to leave the training or modify his schedule if he found other employment. The Commission told the claimant that he could not receive benefits because he was not available for work while taking his course to which he was not referred. Claimants must prove their availability within the meaning of the Act for every working day. In this case, the claimant appears to have conducted only one job search since being laid off five months ago. The Commission's appeal is allowed by the Umpire.
Decision 30141
Full Text of Decision 30141
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
It is too easy to simply write the name of companies on a piece of paper, and to say afterwards that one has made searches. Without copies of job applications, letters of refusal, or other acknowledgements, that type of proof is useless for all pratical purposes.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Decision 24280
Full Text of Decision 24280
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
Even for a part-time student, trips to the job bank (at the university) alone are not sufficient to demonstrate an inability to obtain suitable employment over many weeks. There must be some documentary evidence recording personal attempts to follow up leads with queries or to obtain interviews.
Decision 20599
Full Text of Decision 20599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
The Board erred in law by imposing upon CEIC the burden of proving that the beneficiary was not available. This burden falls upon the beneficiary and not upon CEIC. It also erred in fact and in law by taking into account search for employment conducted before the beginning of the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
| board of referees |
errors in law |
attending classes |
|
| board of referees |
errors in law |
burden of proof |
|
Decision 20247
Full Text of Decision 20247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
The only evidence submitted by claimant was a list of employers who would be willing to hire someone to work during the hours in which she was not taking classes. There is, however, nothing to indicate that she contacted any of these employers to enquire about obtaining work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
pattern study-work long ago |
|
| availability for work |
courses |
weight of statements |
|
Decision 19834
Full Text of Decision 19834
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
Frequently claimants will present well documented searches for employment. Almost invariably the Boards recognize these as activities directed, not so much to a genuine search for employment, but as a genuine attempt to qualify for UI. Main interest here was to attend the course.
Decision 18559
Full Text of Decision 18559
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
Following dismissal from a senior management level position, enrols in a 4-week real estate course while sending out resumes to various companies throughout Ontario. Evidence overwhelming in this regard. More evidence to verify that he would quit than there is to refute it.
Decision 15287
Full Text of Decision 15287
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
4-week course in real estate. No evidence that she was prepared to leave the course if other suitable work presented itself. The fact that she had sent out a number of résumés is not sufficient to rebut the presumption of non-availability arising out ofa full-time course.
Decision 13883
Full Text of Decision 13883
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
I agree that those two attempts to find employment did not amount to a continuous effort to seek work and do not rebut the presumption of non-availability which arises when a claimant is attending a full-time course.
Decision 12969
Full Text of Decision 12969
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
While she tried to find work that she could do while continuing university education, which is commendable, nonetheless she was still a student taking courses during normal working hours and had not been directed to do so by the CEIC.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
Availability assumes that one's real intention is to obtain work and not continue the course. Evidence of this will consist of active and extensive job search, not with a view to eliminating the disentitlement but with a real effort to find a job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
employment left |
|
Decision 11989
Full Text of Decision 11989
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
The fundamental rule is that a student attending a full-time course is not available for regular employment and his willingness to accept work during available hours even accompanied by searches is insufficient to set aside the presumption of non-availability unless work pattern.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 10760
Full Text of Decision 10760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Summary:
Not sufficient to claim to be available; must prove capable of seeking suitable employment. Doing search only at times when offices closed, being able to accept only restricted conditions not sufficient. Not a study grant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 29264
Full Text of Decision 29264
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
no choice |
|
Summary:
The intent of the Act is not to subsidize on-the-job training (CUB 4137). According to the evidence, the claimant was obligated to follow the course which was conditional to his obtaining his teacher's certificate. The said course was given between 8:30 a.m. and 3:00 p.m.
Decision 26153
Full Text of Decision 26153
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
no choice |
|
Summary:
Hired as a police officer provided he completed the police technique courses. Left his employment to devote himself to the course. CUB 3795 holds that a claimant is available if he takes a course accompanied with the promise of employment. I agree with CUB 13715 that this is not a good rule of law.
Decision 13715
Full Text of Decision 13715
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
no choice |
|
Summary:
The claimant clearly was not available while taking the course, even though it was necessary to obtain the employment for which she had been accepted. I find that CUB 3795 is not in accord with the vast preponderance of jurisprudence.
Decision A-0486.01
Full Text of Decision A-0486.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
There was cogent evidence on the record before the Board to support the Board's finding. In both her Application for Unemployment Benefits and her Training Course Questionnaire, the claimant indicated that she was not ready to work and not going to be looking for work during the course. This is sufficient to dispose of the present application.
Decision 51632
Full Text of Decision 51632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
See summary indexed under FCA A-0486.01
Decision 40584
Full Text of Decision 40584
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
presumption |
|
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision A-0168.93
Full Text of Decision A-0168.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
Left her job in Vancouver to relocate in Quebec City with husband. Attends a course of French for non-francophones in university to become employable. As claimant clearly stated that she was not available while taking her language course, the Umpire erred. The claimant failed to prove that she was available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
language at work |
|
Decision 22258
Full Text of Decision 22258
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
Refer to: A-0168.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
language at work |
|
Decision A-0442.91
Full Text of Decision A-0442.91
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 19462
Full Text of Decision 19462
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
Refer to: A-0442.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 20599
Full Text of Decision 20599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Summary:
The Board erred in law by imposing upon CEIC the burden of proving that the beneficiary was not available. This burden falls upon the beneficiary and not upon CEIC. It also erred in fact and in law by taking into account search for employment conducted before the beginning of the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
| board of referees |
errors in law |
attending classes |
|
| board of referees |
errors in law |
burden of proof |
|
Decision A-0177.94
Full Text of Decision A-0177.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
The case of CUB 17393A is authority for a finding that work obtained during the current school year does not establish a pattern of work during years prior to the disentitlement, while it may be a factor in future claims for benefits. Umpire's decision upheld by the FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
Decision 24103
Full Text of Decision 24103
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Refer to: A-0177.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
Decision 25956
Full Text of Decision 25956
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Since filing his claim for benefits, claimant worked 4 weeks while following a course. This period of employment is not considered significant enough to alter the disentitlement.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
pattern study-work not at same time |
|
Decision A-1205.92
Full Text of Decision A-1205.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Appeal allowed by the Board on the basis that the claimant worked as a dishwasher 16 hours on weekends; disallowed by the Umpire: spends 10 hours per day on his studies, no history of work/studies. Held that the Umpire did not act beyond his jurisdiction.
Decision 21385
Full Text of Decision 21385
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Refer to: A-1205.92
Decision 23642
Full Text of Decision 23642
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Resigned teaching to return to school. Course between 9:00 a.m. and 12:30 p.m. Disentitled from 2-9-92. Allowed by Board because claimant found part-time afternoon work (3-11/4-10 p.m.) effective 29-10-92. Jurisprudence examined. No exceptional circumstances. The Board erred in law.
Decision 21805
Full Text of Decision 21805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
The Board restricted itself to considering a short period of approximately 2 months during which the beneficiary combined part-time work and full-time studies, this brief period of time being posterior to the application for benefits concerned. Error in law.
Decision 19055
Full Text of Decision 19055
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
A decision to be made with reference to a claimant's history of employment while attending a course of instruction must necessarily refer to past experience, and not to what might occur in the future. Future employment may have relevance to a future claim for benefit.
The fact that the claimant did later find full-time employment while attending her course, some time after the hearing, does not have any relevance to the decision of the Board of Referees, and does not refute their reasoning.
Decision 17393A
Full Text of Decision 17393A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Working part-time while taking a course. While it may be a significant factor in a future UI claim while enrolled in studies, not sufficient to establish a work pattern for present claim. No extended history of combining full-time studies and part-time work prior to this claim.
Decision 16242
Full Text of Decision 16242
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
Leaves his job in 12-86 to take courses. Favorable ruling by the Board starting 24-8-87, since the insured accepted 15 hours of work per week. Error in law. The required availability is full time during normal business hours. No work/study experience.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 11945
Full Text of Decision 11945
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Summary:
The fact that he dropped 2 classes and did find part-time work starting in 2-85 does not affect the correctness of the decision taken by the Board on 11-12-84.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 46168
Full Text of Decision 46168
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Claimant is enrolled in a full-time training course and has no history of taking courses while continuing to work part-time. The jurisprudence shows that availability for part-time work while attending full-time school is not sufficient to meet the requirements of the legislation. Without an history of part-time work while attending school on a full-time basis, the claimant is required to be available for full-time work.
Decision 37281
Full Text of Decision 37281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
No pattern of part-time work and classes. Wanted part-time work only. Complicated class schedule. Does not lend itself to a finding of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 25956
Full Text of Decision 25956
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The one exception to this rule (presumption of non-availability) is when a claimant has established a pattern of working part-time while attending courses on a full-time basis and then loses his/her part-time employment. In that case, the claimant is given a reasonable period of time to find similar work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
| availability for work |
courses |
pattern study-work afterwards |
|
Decision 24573
Full Text of Decision 24573
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
History of part-time work while working full-time. This may have been considered a factor by the Board. In any case, it is clear that the claimant is not available for full-time employment and should not be eligible for benefits based on his prior full-time wages.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 23547
Full Text of Decision 23547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Unique case. It should be kept in mind that a history of combining work and study is not of paramount importance given the stated intention, as found by the Board, that claimant would abandon or postpone completion of the course if employment was found. A finding of fact fully supported by evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Decision 22642
Full Text of Decision 22642
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The fact of having attended night courses while working during regular hours does not constitute a pattern of work/study from the moment that a person attends courses during regular working hours. (Conclusion coming from the reading)
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Took a part-time nightshift job with the RCMP at some time while employed as pastor. He was not a student at the time and the history of the event is far from recent. A lot of persons take on extra work to earn extra income. This could not qualify as a recent history of part-time student employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
pattern study-work long ago |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 22191
Full Text of Decision 22191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The file states that the claimant was taking a night course while working at the Caisse populaire. I don't consider this a background in employment and studies as required. This is a full-time job and a part-time evening course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
time required for studies |
|
Decision A-0442.91
Full Text of Decision A-0442.91
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Decision 19462
Full Text of Decision 19462
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Refer to: A-0442.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Decision 20838
Full Text of Decision 20838
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Did not work while being a student but had held down 2 jobs, one being regular and working long hours in the evening. It would appear therefore reasonable and fair to extend the jurisprudence to this case which must surely be exceptional.
Decision 20291
Full Text of Decision 20291
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The one exception to this last rule is where a claimant has established a pattern of working part-time while attending courses of study full-time and then loses that part-time employment. In that case, one is to be given a reasonable period of time to find similar employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 17643
Full Text of Decision 17643
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
In principle, a full-time student is not deemed available. This basic principle suffers 2 exceptions: the first concerning those sent on a course by CEIC, the second those who can demonstrate history combining both courses and work. Board's mistake.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 17308
Full Text of Decision 17308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
There are exceptions to the general presumption of non-availability. That may be shown by previous experience in both studying and working or it may be shown, as here, by work on a part-time basis in hours complementary to and not conflicting with scheduled studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
| board of referees |
issue not recognized |
error by board |
|
Decision A-0787.88
Full Text of Decision A-0787.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Full-time attendance at a course generally renders a claimant not available. To prove otherwise, claimant must show that he or she has established a regular pattern of work while attending courses. UI is not meant to subsidize courses. Upheld by FC without comment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 15439
Full Text of Decision 15439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Refer to: A-0787.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 14770
Full Text of Decision 14770
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Caselaw has clearly established that in principle, a full-time student is not available. A few exceptions; the main one being that the student who has an employment arrangement combining habitual employment with studies, generally daytime employment and evening courses.
Decision 14550
Full Text of Decision 14550
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The jurisprudence is well established that a full-time student is deemed unavailable, the 2 exceptions being referral by the Commission and previous pattern of pursuing employment while attending a full-time course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
binding judgments |
|
| availability for work |
courses |
weight of statements |
|
| umpires |
jurisdiction |
binding judgments |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
attending classes |
|
Decision 14434
Full Text of Decision 14434
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Umpires have held that full-time students attending non-referral courses may, in rare circumstances, overcome the presumption that they are not available by showing a previous pattern of employment outside class hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 14391
Full Text of Decision 14391
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Case law clearly indicates presumption of non-availability in case of a student, which presumption person can only rebut where can prove history of working around hours or days of courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 13789
Full Text of Decision 13789
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
As a starting point, claimant required to establish work patterns while going to school; his intention to continue it is realistic; also a substantial job search. If all this present, then reasonable time allowed.
Decision 13756
Full Text of Decision 13756
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
I am asked to base my decision not on previous history of employment/studies but on desire or intention expressed by insured to combine these two activities. I cannot approve that request.
Decision 12902
Full Text of Decision 12902
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Basic precept established in case law is that student is presumed not to be available. However, an exception to this principle is recognized: when the student has a history of employment at irregular hours.
Decision 12284
Full Text of Decision 12284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
To rebut presumption of non-availabilitiy because he was full-time student, claimant must demonstrate history of part-time or full-time employment even though pursuing studies full-time.
Decision 11487
Full Text of Decision 11487
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
It is well established that ordinarily the demands of academic studies are such as to render it impossible for a claimant to do justice to both a course of instruction and full-time employment. Pattern of both may warrant eligibility.
Decision 11353
Full Text of Decision 11353
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Some exceptions to the requirement that availability is for full-time employment where a claimant has established a past pattern of part-time employment (insurance premiums will have been paid on the basis of that part-time employment). In such cases, limited time to be allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
|
| availability for work |
courses |
interruption |
short period of time |
Decision 11111
Full Text of Decision 11111
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
It is well established that ordinarily the demands of academic studies are such as to render it impossible for a claimant to do justice to both the course and full-time employment. There have been exceptions where claimants have established a pattern ofdoing both.
Decision 10970
Full Text of Decision 10970
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
A claimant is not available for full-time employment during normal working hours while attending a course. There are 2 exceptions: (1) pattern of regular employment outside normal hours in which case a reasonable period is allowed; (2) student with pattern of part-time.
Decision 64237
Full Text of Decision 64237
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
While attending a full time course of instruction, in the past two years the claimant has only worked two months and that was with his father. The Umpire stated that the claimant has failed to prove that he has a history of working while attending a full time course of instruction. The judge concluded that this does not satisfy the requirements of s. 18(a) as developed through the jurisprudence.
Decision 22114
Full Text of Decision 22114
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Refer to: A-1669.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision A-1669.92
Full Text of Decision A-1669.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Student who had obtained short duration jobs, mostly summer and weekend employment; appeal dismissed by the Board. The Board's decision was not erroneous in law, nor was it capricious or perverse; it was based on facts and law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
Decision 22835
Full Text of Decision 22835
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Worked part-time 6 weeks while previously taking a course 30 hours a week. A brief review of the jurisprudence indicates that in cases allowed the pattern persisted for more than 6 weeks. The Board could reasonably conclude that she had not established an adequate pattern of working while studying.
Decision 20310
Full Text of Decision 20310
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
One must be available for full-time work, not just part-time, unless he happens to lose a part-time job while in the midst of attending courses. Even then, he will be entitled to UI based on part-time work only for a reasonable period. Brief periods of part-time are not enough.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
|
Decision 20291
Full Text of Decision 20291
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
I am not ignoring the fact that claimant did work for the first 3 weeks of his course, but 3 weeks hardly constitutes a sufficient period of time to establish a pattern of part-time employment. The other employment occurred at least a year or more priorto the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
pattern study-work long ago |
|
Decision 19938
Full Text of Decision 19938
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Courses begin 5-9-88. Board clearly erred in law. Could not base itself on simple period of work during holidays, from 7-12-88 to 23-1-89 to come to conclusion beneficiary had established history of employment as set out in jurisprudence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 17403
Full Text of Decision 17403
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
The Board concluded that the limited employment experience, extending only over 2 weeks in September, did not establish a pattern that warranted treating the case as an exception to the general presumption. No error in law.
Decision 15649
Full Text of Decision 15649
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Claimant started a full-time course in September and worked as taxi driver from 4:00 p.m. After layoff in December, he did not conduct a job search and placed restrictions on type and duration of employment. Held not available when filing his claim in December.
Decision 14275
Full Text of Decision 14275
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Factual case. Claimant enrolled in 6 months' Ontario Bar Admission Course. Employed full-time as flight attendant in initial weeks of course. Course assumes full-time studies. Claimant's primary goal is to successfully complete the course.
Decision 13770
Full Text of Decision 13770
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
No regard had to fact that he combined employment and full-time studies (for 1 month). According to case law, entitled to benefit (if he has a history).
Decision 12463
Full Text of Decision 12463
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Appears from reading these cses that reasonable time is 3 months. 2 months more appropriate if studies/work of shorter duration. General time in this case: 2 1/2 months for 7 weeks work.
Decision 11464
Full Text of Decision 11464
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Availability required is full-time during normal hours. Rebuttable presumption. Object of Act not to subsizide studies. Summer work has no influence on availability during courses. Good history during courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 11352
Full Text of Decision 11352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
|
Summary:
Where a claimant has established a pattern of regular employment outside the hours of work accepted as normal in his community, he should be allowed a reasonable opportunity to find other employment within that pattern. Summer or Christmas work not sucha pattern.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
| availability for work |
courses |
presumption |
|
Decision 62580
Full Text of Decision 62580
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
The Commission denied benefits to the claimant who was studying on a full-time basis. The latter demonstrated a history of working/studying that went back more than two years ago. The Umpire concluded that the BOR erred in refusing to consider this element of proof.
Decision 27507
Full Text of Decision 27507
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Worked 2 weeks in 8-93 and was laid off. Commenced course on 7-9-93. Received UI while at university in 1990-91-92 while employed part-time. Board's finding perverse. The fact that he worked part-time in 1990-91-92 while attending college is recent history. That evidence rebuts the presumption.
Decision 25864
Full Text of Decision 25864
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
For many years jurisprudence has ruled that full-time attendance at school and availability for work are incompatible. The so-called experience of part-time work while attending school must be a current experience, and only when laid off from that work may a more favourable consideration be given.
Decision 20722B
Full Text of Decision 20722B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Found ineligible from 8-10-90 to 7-12-90. According to the Board, the insured has an employment/study history for the year 1988, but nothing more recent. In my opinion, it is quite relevant that the Board noted that the work-study situation in the immediate past was quasi-absent.
Decision 22820
Full Text of Decision 22820
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Ceased full-time work to return to school on 5-9-91. Established pattern of working while in high school from 1982 to 1984 and in first year of university in 1985. Worked full-time from 1986 to 1991 while not engaged in a course of study. Reasonable time to be allowed (some 10 weeks).
Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
The Board erred in law in allowing the case by blatantly ignoring the fundamental rule regarding non-availability of full-time students in university, and by placing undue and mistaken emphasis on an ancient history of part-time employment in a capacity other than that of student.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 21322
Full Text of Decision 21322
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
History of work and attendance at school falling prior to qualifying period. The Board denied her appeal on the ground that she has not established that pattern in the course of her qualifying period. The claim may not be disallowed on that sole ground.
Decision 20388
Full Text of Decision 20388
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Although she may have worked part-time while attending high school, she had clearly not been doing so for well over a year prior to attending university in 9-89. In fact, during the 1988-89 school year, she had also attended university and was not working at all during that time.
Decision 20291
Full Text of Decision 20291
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Exceptions to this rule are extremely rare. Claimants who have simply held part-time jobs while attending high school in earlier years would not fall into this category. Rather one must show that he has been working part-time on a continuous basis over a sufficiently long period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 20247
Full Text of Decision 20247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Her mere statement that she would be willing to leave the course together with a work pattern established 7 or 8 years ago while in attendance at high school are not sufficient evidence to support a finding of availability when there was no effort beingmade to find employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
weight of statements |
|
Decision 19221
Full Text of Decision 19221
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
The employment period was reportedly already used to obtain benefits for him in the past. In the view of the CEIC, the same job-study history cannot be used twice. No precedents were cited or submitted; I do not see why such a history could not be used more than once.
Decision 16165
Full Text of Decision 16165
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Leaves full-time work to attend a course. The CEIC contends that the Board erred in considering a history of work and school that occurred 4 years earlier. No error of law nor perverse or capricious finding. Non-availability not automatic. Presumption may be rebutted. Job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision 12535
Full Text of Decision 12535
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
Summary:
Claimant argued that she had a work history. That is true, but it was not a recent work history. It was at least 3 years before. At the time she started going to college, there was no recent history of part-time student employment.
Decision 40724
Full Text of Decision 40724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
The general principle in cases of availability is that a person is not available for benefits while attending a full-time course at university. This is not an irrebuttable presumption and may be overcome if the person previously worked full-time and attended full-time university courses. Claimant indicated she worked full-time as a nursing supervisor in 1995 and did not attend university until the fall of 1996 and consequently would not qualify under this exceptions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 35942
Full Text of Decision 35942
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
In order to establish availability for work despite full-time studies, a claimant must show in his background that he has combined both activities. The simple fact that the claimant may have worked in the evening or at night is not conclusive.
Decision 25956
Full Text of Decision 25956
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
In the present case, the claimant had a pattern of working evenings and weekends prior to establishing a claim for benefits, but not while in attendance at a course of instruction.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
pattern study-work afterwards |
|
Decision 17308
Full Text of Decision 17308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
There are exceptions to the general presumption of non-availability. That may be shown by previous experience in both studying and working or it may be shown, as here, by work on a part-time basis in hours complementary to and not conflicting with scheduled studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
| board of referees |
issue not recognized |
error by board |
|
Decision 16024
Full Text of Decision 16024
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
Physical education teacher who, in July, takes a 3-week course "French as a second language" from 8:00 a.m. to 2:00 p.m. 5 days a week. Formerly employed 3 years with Kiwanis Club from 2:30 p.m. to 10:30 p.m. Claimant meets the requirements that come about in exceptional cases.
Decision 14617A
Full Text of Decision 14617A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
Left full-time work to attend a course. Says he previously worked part-time for 2 years but no indication he was also attending classes at that time. A statement of intention has to be supported by history of work and study combined over several years.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
courses |
employment left |
|
| availability for work |
restrictions |
part-time work |
employed |
Decision 13776
Full Text of Decision 13776
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
Since past experience was in security related jobs that required around the clock hours, there would likely be no interference with his class timetable if work found. Period of 4 months to be granted to explore opportunities.
Decision 13718
Full Text of Decision 13718
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
Employed full-time except last 8 months she worked part-time, then she went on a course. A claimant is not required to show that she attended a course while working part-time in order for her part-time employment to be considered.
Decision 10983
Full Text of Decision 10983
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Summary:
Pattern of evening work. Lengthy job search. 3 months on claim. Prepared to give up course. No offer made by CEIC. If we are to suspend benefits here because claimant occupies her hours on self improvement, we would be encouraging wanton waste of time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision A0350.07
Full Text of Decision A0350.07
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
There is a presumption that a full time student is not available for work. The presumption can be rebutted by evidence of a record of working while studying or by establishing availibility outside class hours. In a written submission to the umpire, the claimant informed the Umpire of her employment in three part-time jobs while attending school. The Umpire ruled that the issue of availability is a question of fact and that the BOR made no reviewable error. The FCA is not persuaded that the Umpire made any error that warrants its intervention.
Decision 42165
Full Text of Decision 42165
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Although the claimant showed that he had a history of working and going to school, he was not granted any reasonable period of time, and he was refused benefits. According to the Umpire, BOR erred in law in not taking this situation into account by granting a reasonable period of three months, given his undisputed history of working and going to school and the claimant's availability to work part-time while attending school 15 to 18 hours a week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
| board of referees |
errors in law |
misinterpretation of facts |
|
| board of referees |
errors in law |
availability concept |
|
Decision 36242
Full Text of Decision 36242
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Pattern of working while attending school established. BOR is wrong in saying that claimant could look for p/t job without a termination date, that is to say indefinitely. Jurisprudence shows clearly that a period of 8 weeks is the norm. Here the Commission had granted 18 weeks. The BOR erred in not finding that the 18 weeks already granted for search time was reasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Decision 36023
Full Text of Decision 36023
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
The general rule is that if a student's hours affect his availability for full-time job he is disentitled to benefits unless, by exception, he can establish that on previous occasions he has been able to undertake full-time employment and at the same time pursue his courses. [ Comprehensive review of the factors leading to non-availability while on course]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision A-0442.96
Full Text of Decision A-0442.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
According to the Umpire, the Board of Referees erred in law since it did not properly consider the evidence of the claimant’s employment in previous years. He found that the claimant had certainly demonstrated that she had a history of work and school leading to the conclusion that she could fulfil the conditions set out in s. 14(a) of the Act. FCA upheld the Umpire’s decision since he had the authority to intervene and decide on all the issues of law and fact.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| board of referees |
errors in law |
availability concept |
|
Decision 33048
Full Text of Decision 33048
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
The beneficiary is unemployed, and takes courses during the day. Because of his work and study history, he received benefits between September and December. A new course began in January 1992, and was scheduled to finish in April 1992. The course was ruled ineligible: a reasonable period for study had been granted, and there was no evidence the beneficiary had seriously been looking for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
after reasonable period of time |
|
Decision 22921A
Full Text of Decision 22921A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Claimant is pursuing full-time studies. Twenty-two-week delay granted to the claimant because of his background of employment and studies. The delay is deemed more than reasonable. Moreover, there is no evidence that the claimant has undertaken the steps necessary to find part-time work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision 23283
Full Text of Decision 23283
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Refer to: A-0672.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Decision A-0672.93
Full Text of Decision A-0672.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
On call with CN and on UI for 17 weeks when she started a full-time course. Pattern established. No effort to find work elsewhere. Intermittently employed. No obligation on her to jeopardize this existing employment in the hope of finding other employment, said the Umpire. No legal error.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Decision 22058A
Full Text of Decision 22058A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Student with 5-year pattern disentitled after 8 weeks. The jurisprudence shows clearly that a period of 8 weeks is the norm. See CUB_14357. Claimant was disentitled as she was unavailable pursuant to the 8-week jurisprudence (deemed to be the reasonablenorm). Error in law by the Board.
Disentitled after 8 weeks. It is true that claimant has established a part-time employment syndrome (5 years), but it never was the purpose of the Act to crystallize part-time employment and to enable graduate students to become almost perennial students and have their education paid by taxpayers.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision 22834
Full Text of Decision 22834
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
He must not only be given a reasonable amount of time to find work before being disentitled (pattern of work while studying), but also a reasonable notice that if he does not expand his hours of availability, his benefit will terminate. Retroactivity cancelled plus 4 weeks allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Decision 19058
Full Text of Decision 19058
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Student with history of work. True that his claim had been maintained for an extended period (40 weeks). That does not mean that when it is finally concluded that restrictions are no longer reasonable the Commission may dispense with notice before UI isterminated. Error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Decision 19061
Full Text of Decision 19061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
With no prior record of combining studies and insurable employment, he did not qualify within the exceptional class of persons who may be considered available. Working with a real estate agency, for which he received no salary or commission, did not constitute insurable work.
Decision 12697
Full Text of Decision 12697
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Attending classes while employed part-time. Left when employment became full-time. Claimant to be given a reasonable period of time in which to secure alternative part-time employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Decision 12314
Full Text of Decision 12314
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Work pattern on graveyard shift and reasonable period allowed on UI. A point may be reached where the student is expected either to give up his benefits or give up his studies and seek employment in normal hours.
Decision 12191
Full Text of Decision 12191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Number of hours of courses in comparison to the time when employed: Was the claimant really in a full-time course, or in a course similar to the one when he gained 40 weeks of qualifying benefits? A question of fact to be determined by the Board.
Decision 12044
Full Text of Decision 12044
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
Even if claimant can be said to have established a work pattern outside class hours, it is evident that she was not seeking such employment. UI is not intended to subsidize continuing education for which aid must be sought from other programs.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 11945
Full Text of Decision 11945
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
The fact that he was able to find work in Waterloo while attending another university does not demonstrate necessarily that he was not limiting his availability for work in Toronto while enrolled at York university.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
|
Decision 10955
Full Text of Decision 10955
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Summary:
For the past 2 years claimant worked full-time at night and attended a full-time course during the day. The Board made an error in law. We have here the type of case that proves the exception to the general rule that attendance at courses precludes availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision 12195A
Full Text of Decision 12195A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
The claimant stated before the Board that she was not looking for work as she intended to take a course in September. The Board correctly surmised that, in that case, she had not proven availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| voluntarily leaving employment |
working conditions |
change |
|
Decision 12603
Full Text of Decision 12603
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
Having left her employment to further her education, her claim that she was available from the time of her resignation to the beginning of her courses has not been substantiated.
Decision 12311
Full Text of Decision 12311
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
Claimant left 18-8 to take a course commencing 9-9. The disentitlement for non-availability commenced on 18-8 but the course itself did not commence until 9-9. This, of course, is an error and must be corrected so that the disentitlement commences on 9-9.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 11724
Full Text of Decision 11724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
Upon being informed by UI clerk that he was entitled to a 2-week vacation before sponsored course commenced, he left his employment 2 weeks early. Would have acted otherwise if not so told. But for that explicable mistake he has proven he would have been available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Decision 11060
Full Text of Decision 11060
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
Claimant said she quit her employment on 2-9 to prepare for a move. She said also she was not available because she should be attending a (non-referred) course as of 22-9. I fail to see how the Board could have decided otherwise than claimant not available.
Decision 10327
Full Text of Decision 10327
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Summary:
Left Rouyn on 6-8 to take course in Quebec on 11-9; apartment rented from 1-7; course approved by CEIC on 10-9. Not available in interval. 5 weeks disqualification for leaving reduced to 1. Not too unreasonable to take 1 month since it was 600 miles.
Decision A0109.10
Full Text of Decision A0109.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant was denied EI benefits on the basis that she was not available for work, as she had enrolled in a full-time course. The FCA concluded that both the BOR and the Umpire did appreciate the presumption of non-availability and that it could be rebutted through proof of exceptional circumstances. The FCA also dismissed the AGC's argument that the BOR's reasons were inadequate. In the FCA's view, the BOR provided comprehensive reasons. It gave reasons for discounting statements made by the claimant in the questionnaire in favour of the oral testimony. Moreover, the FCA agreed with the Umpire's conclusion that the BOR did not err in its assessment of the claimant's credibility or the statements regarding her availability for work.
Decision 69597A
Full Text of Decision 69597A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant, on his own initiative, enrolled in a training course which required him to attend 5 days a week from 9:00 am to 4:00 pm. He is devoting his attention to the training and will be available again once training ends. The claimant stated that he was spending 1 to 2 hours daily on job searches. However, he stated that these searches were for jobs as a truck driver as soon as he qualified at the end of his course. There is a presumption that claimants enrolled in full-time training courses are not available for work. This presumption is reputable however and the burden is on the claimant to prove his availability. The Board of Referees made an error because looking for future work certainly does not demonstrate immediate availability for work as is required by the legislation and the case law. According to the Umpire, the claimant made it clear he was not ready to accept employment while attending his course. Then, he has not proven his availability within the meaning of the Act.
Decision A-0556.04
Full Text of Decision A-0556.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant took leave from his employer to complete his studies but remained available for work on weekends. The Federal Court of Appeal stated that full time studies create a reputable presumption that the student is not available for work. The presumption can be rebutted only in "exceptional circumstances". The Court concluded that the lack of complete rupture in the employment relationship and some labour attachment does not mean that a person is available for work - there must not be any restrictions on the availability which would limit their chance of obtaining employment.
Decision 61560
Full Text of Decision 61560
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Refer to summary indexed under FCA A-0556.04
Decision A-0683.01
Full Text of Decision A-0683.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant said she could have become available if she had found a job because she could pursue her courses during the evening. The Court states that a full-time student must be able to overcome the presumption of non-availability for work, and is of the opinion that the claimant was not available for work under the EI Act.
Decision 56387
Full Text of Decision 56387
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Claimant is on a full time course and she is available for work after school and on weekends only. Referring to FCA decisions in Landry (A-0719.91) and Faucher (A-0056.96), Umpire held that the claimant had set personal conditions under which she would return to the labour market and that she had not proven that she was available and willing to quit her course to accept a job. Commission's appeal allowed.
Decision 52330
Full Text of Decision 52330
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Refer to summary indexed under FCA A-0683.01
Decision 40724
Full Text of Decision 40724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The general principle in cases of availability is that a person is not available for benefits while attending a full-time course at university. This is not an irrebuttable presumption and may be overcome if the person previously worked full-time and attended full-time university courses. Claimant indicated she worked full-time as a nursing supervisor in 1995 and did not attend university until the fall of 1996 and consequently would not qualify under this exceptions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
Decision 40584
Full Text of Decision 40584
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
onus of proof |
|
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 25153
Full Text of Decision 25153
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
In order to rebut the presumption of non-availability in cases of this nature, a claimant must be able to demonstrate, by way of very convincing evidence, that obtaining employment is his principal concern and that his interest in the course of instruction is only secondary.
Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The fundamental rule is that students engaged in full-time courses of study are presumed to be unavailable for work in the absence of any referral by the Commission. This is a rebuttable presumption, but very strong and compelling evidence of availability is required to rebut it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
courses |
pattern study-work as requirement |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 20021
Full Text of Decision 20021
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Refer to: A-0719.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
credits obtained |
|
| board of referees |
errors in law |
attending classes |
|
Decision A-0719.91
Full Text of Decision A-0719.91
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
According to the Umpire, established jurisprudence has confirmed that a student taking full-time courses is not available. This rule is subject to 2 exceptions: a student referred to a course and the one who has established a pattern of work and studies. Errow in law. Observation too categorical.
While it is true that there is a presumption against the full-time student, this is a presumption of fact which certainly is not irrebuttable. It can be rebutted by proof of exceptional circumstances. The work record is only one example. There may be others.
Strictly speaking, the "first exception", a student referred to the course, is not an exception: it is actually a statutory rule (see s. 26(1)) which provides that a claimant who meets certain conditions is deemed to be unemployed and available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
credits obtained |
|
| board of referees |
errors in law |
attending classes |
|
Decision 19716B
Full Text of Decision 19716B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
It is for these reasons that a strong presumption exists when one attends university full-time. It will be rebutted only in the rarest and most exceptional cases. This doctrine is so ingrained in the UI scheme that it requires a specific provision to exempt one from its rigours.
Decision 20247
Full Text of Decision 20247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attending a full-time course raises a presumption of non-availability. But claimant may rebut it by evidence to the contrary. Merely stating she is available and she would leave the course does not suffice. Obtaining work must be a primary concern. Convincing proof is job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
| availability for work |
courses |
pattern study-work long ago |
|
| availability for work |
courses |
weight of statements |
|
Decision 18696
Full Text of Decision 18696
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
A person is not automatically unavailable because he is attending a full-time course. A strong presumption, however, arises that this is the case. That presumption can be rebutted. Primary factors: one's intention and whether he would leave the course if work were found.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 18430
Full Text of Decision 18430
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
While attendance at a course does not automatically result in disentitlement, it does raise a strong presumption of non-availability. A mere indication that he would quit if a job were offered is not enough: the claimant must actively seek out work eachday.
Decision 18037
Full Text of Decision 18037
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The Board seems to say: claimant was attending a full-time course therefore he was unavailable. Attendance at a full-time course raises a presumption of non-availability but that presumption can be rebutted. There is reason to conclude that the Board applied the wrong legal test.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Decision 14658A
Full Text of Decision 14658A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
There is a presumption of non-availability. It may be rebutted by evidence showing that obtaining work is the prime concern and the course is secondary. One must do more than declare willingness to quit course. An extensive job search is the clearest proof.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
discrimination |
|
Decision 16974
Full Text of Decision 16974
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
A presumption arises and may be rebutted by evidence showing that obtaining work is the prime concern and the interest in the course is only secondary. The most convincing proof consists of an intensive and continuous job search. UI not intended to subsidize education.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
Decision 16310
Full Text of Decision 16310
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
A presumption of fact exists regarding non-availability; it can be quashed when the school calendar can be changed, when the insured is prepared to stop at the first appropriate job offer or when he has both worked and studied at the same time in the past.
Decision 16097
Full Text of Decision 16097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
There is a very heavy presumption that individuals who are enrolled in courses during normal working hours are not seriously in the labour market but have as their first objective the completion of the course. [p._2]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
Decision 14391
Full Text of Decision 14391
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Case law clearly indicates presumption of non-availability in case of a student, which presumption person can only rebut where can prove history of working around hours or days of courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 14361
Full Text of Decision 14361
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Agree that full-time course not necessarily equal to non-availability. However, this creates presumption that insured must rebut by showing that int he past she has held employment while attending a course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Decision 14247
Full Text of Decision 14247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
For claimants who are taking full-time courses of instruction there is a very heavy onus which they must overcome to satisfy the requirements in order to be eligible for benefits.
Decision 11679A
Full Text of Decision 11679A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Error of law to say that availability evenings and weekends is not what Act requires. While there is presumption that students not available, not sufficient to say this; must examine facts of case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
| board of referees |
errors in law |
attending classes |
|
Decision 13003
Full Text of Decision 13003
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Although being enrolled in a full-time course is not an absolute bar to UI benefits, there is a presumption raised that the student is not available for employment while so attending. Real estate course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
|
|
Decision 12384
Full Text of Decision 12384
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant's contention that attendance at school does not mean non-availability is correct in the sense that it is not conclusive. However it does raise a presumption which he had not rebutted.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Decision 12377
Full Text of Decision 12377
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The Commission has correctly stated that there is a very strong presumption against availability if one is attending a full-time course but incorrectly stated that proof cannot be made if course taken during normal working hours.
While there is a presumption, it is only a presumption and, like all legal presumptions, it can be rebutted by credible evidence.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attendance at full-time course does not preclude from being available. It raises a presumption of non-availability. Where one is proceeding towards certificate, paying own tuition and living expenses, and subject of the course is to be one's life's work, very strong presumption.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
employment left |
|
Decision 12358
Full Text of Decision 12358
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attending a non-referred course does not automatically exclude from UI. Disentitlement follows not as a statutory consequence but only because one has not discharged the presumption of non-availability. What is raised is a presumption only that may be rebutted.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 12145
Full Text of Decision 12145
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attendance at a full-time course may not in itself be sufficient to warrant a disentitlement, yet it nevertheless raises a presumption of non-availability and the onus is on the claimant to rebut this; disentitlement not automatic.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 11989
Full Text of Decision 11989
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The fundamental rule is that a student attending a full-time course is not available for regular employment and his willingness to accept work during available hours even accompanied by searches is insufficient to set aside the presumption of non-availability unless work pattern.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Decision 11879
Full Text of Decision 11879
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attendance at a full-time course when claimant not referred to it raises a strong presumption of non-availability and the onus is on claimant to rebut this. The Act does not provide for an automatic disentitlement but a claimant must be available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
change of course |
|
|
| availability for work |
courses |
disentitlement not automatic |
|
Decision 11661
Full Text of Decision 11661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Where a claimant has enrolled in a full-time course there is a strong presumption that the claimant is not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
Decision 11658
Full Text of Decision 11658
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Taking a course not recommended by CEIC is not conclusive that claimant is not available. S.39 simply deems availability if course recommended. Enrollment in a non-recognized course raises a presumption that claimant is not available and it rests upon him to prove otherwise.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
|
|
Decision 11352
Full Text of Decision 11352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Attendance at a full-time course does not automatically warrant a disentitlement. As a general rule however, there exists a presumption that a student pursuing a full-time course is not in the labour market.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 11286
Full Text of Decision 11286
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
There is a presumption against claimants who are taking a full-time course that they are not available. Nevertheless, there are circumstances where this presumption can be rebutted.
Decision 11279
Full Text of Decision 11279
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
There is a presumption that a claimant is not available when he is following a full-time course. There is no doubt that this presumption is rebuttable provided claimant can show by his conduct his sincerity in being prepared to give up the course if work available.
Decision 11227
Full Text of Decision 11227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Jurisprudence has firmly established that in only the rarest and most exceptional of individual cases has a full-time student been able to prove availability. The presumption is always very strong against him.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
claimants treated differently |
|
|
| board of referees |
jurisdiction |
priority of law |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 11039
Full Text of Decision 11039
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
It has been held by many Umpires that registration in a full-time course of instruction generally implies that the claimant is not available for work. The onus is thus clearly on the claimant to prove otherwise.
Decision 11040
Full Text of Decision 11040
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Several conditions to be met for entitlement to UI. For student, availability is main obstacle. Very strong presumption that full-time student not unemployed or available. Presumption not irrebutable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
| availability for work |
courses |
interruption |
short period of time |
Decision 11033
Full Text of Decision 11033
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
Instances in our case law where student has discharged burden of proof imposed by Act are rare. Presumption of non-availability very strong against him. On other hand, disentitlement not automatic.
Decision 10937
Full Text of Decision 10937
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The Board considered the jurisprudence according to which there is a presumption of non-availability. It concluded that claimant had rebutted the presumption, her primary concern was to become employed, the 2-year course was of secondary importance. It could conclude as it did.
Decision 42097
Full Text of Decision 42097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claimant took a course of instruction to which he was not directed by the Commission. Umpire stated that the EI Act is not designed to pay students for their expenses while attending school. It is only for those who are genuinely unemployed to provide them with money to tide them over until they find employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 39372
Full Text of Decision 39372
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The case law has often reiterated that a full-time student, who is planning to work on a part-time basis during irregular hours and on weekends, is not available in the sense that is required by the Unemployment Insurance Act. Consequently, he does not fulfill the conditions for entitlement to benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision A-0261.97
Full Text of Decision A-0261.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claiamnt took a taxi-driver’s course on a part-time basis, but did not disclose this information because he had a wife and child, and needed his unemployment insurance benefits. BOR upheld the Commission’s decision that no benefits could be paid to the claimant because he was taking a course to which he had not been referred. FCA found that the claimant’s praiseworthy efforts to take retraining and to support his family did not exempt us from the obligation to apply the UI Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
taxi drivers |
|
|
| penalties |
availability for work |
|
|
| penalties |
courses of study |
|
|
| penalties |
knowingly |
|
|
Decision 37281
Full Text of Decision 37281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
It has often been said that the main purpose of UI is to assist people who through no fault of their own have been dismissed from their employment and is an emergency measure to tide them over until they receive other employment. It is not the purpose of the UI Act to assist students to attend university at the expense of the Canadian taxpayer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 36023
Full Text of Decision 36023
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The general rule is that if a student's hours affect his availability for full-time job he is disentitled to benefits unless, by exception, he can establish that on previous occasions he has been able to undertake full-time employment and at the same time pursue his courses. [ Comprehensive review of the factors leading to non-availability while on course]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 35921
Full Text of Decision 35921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The U.I. system has not been established to financially support full-time students but rather to assist workers who have lost their employment through no fault of their own and are actively searching for other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 21961A
Full Text of Decision 21961A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The UI scheme is to assist people who lose their jobs, are capable of working, and for every day of their benefit period are actively seeking suitable employment. The purpose of UI is not to provide bursaries or scholarships to help a student in need. There are other programmes for this purpose.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
employment left |
|
Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The whole underlying scheme or purpose of the UI legislation is to protect unemployed persons against the rigours of involuntary unemployment, not to subsidize students pursuing educational goals, however laudable their intentions may be.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
pattern study-work long ago |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 22191
Full Text of Decision 22191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Many full-time students seem to forget the main purpose of Unemployment Insurance benefits. They are not to be used as a subsidy to full-time students. Students can obtain loans and bursaries to meet their financial needs.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 18337
Full Text of Decision 18337
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The general rule is that a claimant is not available for employment when educational courses are followed full-time. UI is not intended to subsidize a claimant while at school, college or university, no matter how meritorious his or her intentions and desire for self-improvement.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 17578
Full Text of Decision 17578
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
UI is not intended to subsidize a claimant who wishes to go to school, however meritorious his intentions may be. One who is attending a course to which not referred by the Commission is presumed to be unavailable for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
appeal |
|
Decision 17496
Full Text of Decision 17496
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Attending a course so as to improve his chances of being accepted as a college student is to be commended but UI is not intended as a bursary to finance one's education no matter how worthy that course of conduct may be.
Decision 17299
Full Text of Decision 17299
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Completing one's education or training is a laudable objective. However, it is not an objective which the UI Act is designed to serve. That Act seeks to provide support for those who have lost employment through no fault or choice of their own and are available.
Decision 16095A
Full Text of Decision 16095A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Time and time again students have argued that by attending university they are bettering themselves and making themselves more employable, that system encourages them to do nothing and receive UI. Those arguments have not prevailed simply because UI notintended to students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| availability for work |
courses |
employment left |
|
| availability for work |
courses |
time required for studies |
|
Decision 15439
Full Text of Decision 15439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Refer to: A-0787.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision A-0787.88
Full Text of Decision A-0787.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Full-time attendance at a course generally renders a claimant not available. To prove otherwise, claimant must show that he or she has established a regular pattern of work while attending courses. UI is not meant to subsidize courses. Upheld by FC without comments.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
It has been noted on numerous occasions by Umpires that UI is not intended as a subsidy to enable a claimant to pursue studies however meritorious his intentions may be.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
statement of facts |
not to be read strictly |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
time required for studies |
|
Decision 15698
Full Text of Decision 15698
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The purpose of the legislation is to assist unemployed individuals seeking employment and not to subsidize students, even if obtaining a degree increases the chances of employment.
Decision 14282
Full Text of Decision 14282
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Jurisprudence has established the general rule that a full-time student is not available. It has been held numerous times that benefits are not designed to substitute for bursaries, student loan funds or whatever other financial aid may be available forstudents.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claimant's perception shared by many claimants in the face of their sincere efforts to acquire skills. This, however, is a matter of policy not interpretation. If the thrust of the legislation is to deny financial means, it must still be respected and followed.
Commendable for one to pursue program to better qualifications. It does not follow that the UI fund may be used as an oblique form of student bursaries. There are other federal-provincial and programs for this purpose.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
weight of statements |
|
Decision 13800
Full Text of Decision 13800
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Benefits not intended to subsidize self-improvement, education or the acquisition of new skills of claimants who have effectively taken themselves out of the work force to attend full-time courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The Act was not passed to help finance students attending school. If students need financial assistance, they should first attempt to find summer work and part-time employment. Students can also apply and sometimes obtain scholarship and bursaries.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
| availability for work |
courses |
time required for studies |
|
Decision 12572
Full Text of Decision 12572
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
UI scheme not intended as a mechanism to support university studies. Her decision is certainly commendable but in doing so she put at risk her UI because it is intended for people who are fully available.
Decision 12044
Full Text of Decision 12044
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Even if claimant can be said to have established a work pattern outside class hours, it is evident that she was not seeking such employment. UI is not intended to subsidize continuing education for which aid must be sought from other programs.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 11828
Full Text of Decision 11828
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Although one admires claimant's determined effort to improve on her employability, looking for work is also a full-time job. Her real concern is that no subsidy available. This cannot be remedied by this Court and the view should be expressed to government.
Decision 11278
Full Text of Decision 11278
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
After working full-time for 8 years, she left to return to school. The UI Act is not a program to subsidize individuals who give up jobs and wish to return to school. Commendable that people do so, but not the responsibility of the CEIC.
Decision 11227
Full Text of Decision 11227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
If a training or education program voluntarily undertaken by a claimant is deemed a virtuous pursuit, it does not follow that UI law must now provide universal bursaries to students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
claimants treated differently |
|
|
| board of referees |
jurisdiction |
priority of law |
|
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
weight of statements |
|
Decision 11146
Full Text of Decision 11146
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Mere willingness to work is not sufficient as it has frequently been stated that the UI Act is not intended as a means of subsidizing students even though they are improving their eventual chances of obtaining employment.
Decision 11020
Full Text of Decision 11020
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The Act establishes an UI scheme. It is not a student benefit programme, nor a social security programme. By exception, a claimant may participate in a course approved by CEIC geared to labour market requirements for particular skill.
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claimant under misapprehension. He does not meet the availability requirement, no matter how virtuous might have been his decision to enter into an extensive course. The Act is not to be construed as providing bursaries or scholarships to full-time students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
time required for studies |
|
Decision 26859
Full Text of Decision 26859
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The Board placed undue reliance on claimant's friend when it concluded that claimant was willing to abandon the course. It cost $3,500 for each of 3 sessions; in the absence of evidence about a refund policy, it was perverse for the Board to accept this based only on the credibility of claimant's friend.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 26309
Full Text of Decision 26309
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
A student who pays $1250 in tuition fees and does not conduct any job searches clearly indicates that her priority is to pursue her studies, not to reenter the labour market. She has surely not shown that her main concern was to find employment.
Decision 21961A
Full Text of Decision 21961A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
In my view of the evidence, including the claimant's whole course of conduct in leaving her employment in order to enroll in a word processing course and paying a $2,700 fee, such a self-serving statement (that she would leave the course) cannot carry the kind of weight the Board attributed to it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
employment left |
|
Decision 25449
Full Text of Decision 25449
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The tuition for the Bar Admission Course is $1,780.48. Given the size of this amount, it is not reasonable to assume that claimant would forfeit it to accept employment other than as a lawyer. The nature of the course and claimant's purpose for attending it support the presumption of unavailability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
|
Decision A-0239.90
Full Text of Decision A-0239.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The claimant had made a considerable financial commitment (more than $1000) in returning to university, which tends to show a desire to attend university rather than to find employment or to accept employment if it were offered to him. Upheld by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
weight of statements |
|
Decision 18475
Full Text of Decision 18475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
It does not seem logical that the claimant would make such a significant outlay of money ($5000) only to be willing to forfeit it all to accept the type of employment which she had left.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 17848
Full Text of Decision 17848
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
Refer to: A-0239.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
weight of statements |
|
Decision 17778
Full Text of Decision 17778
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
He stated that his courses were optional and that he could stop at any time he was offered a job at $5 an hour. However, he spent $1420 in order to take those courses to qualify as a lawyer and I cannot believe that he would stop in order to accept $5 an hour.
Decision 13809
Full Text of Decision 13809
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
Her determination to finish the course and her request for the reinstatement of benefits to help her to do so, when combined with the very large tuition fee ($2650), lead inescapably to a conclusion of non-availability.
Decision 13804
Full Text of Decision 13804
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The outlay of $1000 as a tuition fee and the lack of any effort to find work are strong indications that claimant's intention is to complete the course and not to look for work.
Decision 13803
Full Text of Decision 13803
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The evidence that she left a full-time job and enrolled in a course a few days later, paid a substantial fee and the lack of any effort to find work all tends to show her real interest or motivation was in completing the course and not in finding work.
Decision 12412
Full Text of Decision 12412
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
The small cost of the course ($255), the short duration (1 month), the limited hours (4 mornings a week) all give credence to claimant's contention that he would have quit if work available. Job search not limited. Chances in teaching irrelevant in July. [p._3]
Decision 12384
Full Text of Decision 12384
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Summary:
In view of the claimant's long standing desire to take the course, his immediate departure from his job, the tuition of $600 and the moving costs, the Board had sufficient evidence to find him not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 76204
Full Text of Decision 76204
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
The claimant voluntarily left her full time employment without just cause pursuant to sections 29 and 30 of the E. I. Act and has not proven her availability for work pursuant to paragraph 18(a) of the Act. The claimant indicated that she left her job to return to school, also that if full-time work conflicted with her course she would choose to finish her course. The claimant indicated that she would not be available for work as she would be attending classes during the day and also had a young child to look after. The jurisprudence has been consistent that this is not just cause for voluntary leaving. The appeal by the claimant is dismissed by the Umpire.
Decision 75069
Full Text of Decision 75069
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
The claimant was attending a university in Maine, in the United States. She lived in New Brunswick only five minute drive away. Her classes started in September of 2009 and will last until 2011. Her time in class is Monday and Tuesday, 8:30 to 4:00, and Wednesday and Friday, 8:30 to 9:20 and 2:00 to 5:00. She also attends on Thursday from 8:30 to 9:20 a.m. The claimant spends about two to three hours per day on homework and was not willing to give up her course. She has not established that she is available for work as required by s. 18(a) of the Act. The appeal by the claimant is denied by the Umpire.
Decision 30141
Full Text of Decision 30141
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Claimant registered in a bachelor's course in mechanical engineering. Attends classes 38.5 hours per week, and has to devote 20 hours a week for study. He must also eat and sleep. Thus it is not possible for him to hold a full-time job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
Decision 26452
Full Text of Decision 26452
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Claimant attending university 13 hours a week (considered full-time student). This does not include the time required to get to classes and return, nor the time required to prepare for courses and work on assignments. To consider "availability" simply on class hours is unrealistic and erroneous.
Decision 22191
Full Text of Decision 22191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
The claimant devoted 13 hours a week to his courses. He therefore needed at least 13 hours a week in preparation for these courses as well as a certain number of hours for transportation, eating and sleeping. He is not pursuing part-time studies, otherwise he could not have received a bursary.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
pattern study-work as requirement |
|
Decision A-0239.90
Full Text of Decision A-0239.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Granted he was only attending classes for 8 to 10 hours a week, but this precluded him from holding down a regular 9 to 5 job. As well, when one considers that a student is expected to put in at least 1 study hour for each class hour his schedule would reach from 16 to 20 hours. Upheld by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
weight of statements |
|
Decision 17848
Full Text of Decision 17848
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Refer to: A-0239.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
weight of statements |
|
Decision 16095A
Full Text of Decision 16095A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Left teaching work to be closer to university. The courses required him to attend 6 hours a week but on 4 separate mornings. He said he would be available when not attending classes. The Board gave proper effect to the well established presumption. No error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| availability for work |
courses |
employment left |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 16508
Full Text of Decision 16508
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Whether his courses were full-time or part-time is irrelevant since the irregular hours had the same effect. UI is not intended to subsidize students.
Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Even though the claimant may not have attended classes, she was required to do so, and admitted to doing home study in order to prepare for her exams. Whether she studies at home, or goes to classes, her time is occupied with the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
statement of facts |
not to be read strictly |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 15422
Full Text of Decision 15422
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
A schedule from 4:10 p.m. until 10:15 p.m. every day that is 30 hours a week; no employment experience although taking courses; the statement that he would be available during normal working hours was rejected by the Board.
Decision 14361
Full Text of Decision 14361
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Insured stated he was available 6 days per week until midnight from when his course hours ended. Impossible for me to believe this statement in view of hours required by classes, studying, meals and transportation. No evidence that timetable can be changed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
The long line of decided cases have consistently held that a claimant is in fact and in law unable to discharge proof under s.25 if full-time course on own initiative. It would be a contradiction in terms for a student to assert available when at school5 days a week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 13898
Full Text of Decision 13898
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
I am satisfied that he is not prepared to quit his courses as he had devoted considerable effort to them. Agree that he is attending courses only 7 hours per week. However, he has to spend equal time on studies. No active search.
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
I do not believe it possible to be able to work at a full-time job when attending 30 hours per week of school. With the hours needed for class, for preparation, for eating, for transportation and for sleeping, it is virtually impossible to be available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 13586
Full Text of Decision 13586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
She had only 4 hours of courses per week and therefore was not studying full-time. It is up to her to rebut the presumption of non-availablity because she is a student. I am of the opinion she has succeeded in rebutting this presumption which the case law imposes on students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Decision 12582
Full Text of Decision 12582
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
As claimant had not established a pattern of full-time work in addition to university studies, it was open to the Board to conclude that anyone occupied with 9 hours of classes per week plus the necessary time for preparation was not available. Retroactive ruling.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
Decision 11801
Full Text of Decision 11801
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
6 week English course from 9:00 to 12:00, Monday to Friday. Prepared to work from 1:00 to 5:00 and tried to find work. No history.
Decision 11633
Full Text of Decision 11633
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Leaves shift work to attend course every week day in the afternoon. Available mornings and evenings. Subsequently found such work. The law does not provide for part-time benefits when seeking part-time employment unless previous pattern.
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Law consistently interpreted as denying benefit when a person is attending a course with definite goal in mind and to which he must necessarily devote full time, attention and energy. Not sufficient to say that he would abandon the course if a job offered.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 11006
Full Text of Decision 11006
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Reading class 22-5 to 21-6. Did not attend lectures but was given books to read, then had to write paper. Attended another course 31-7 to 20-8 which could be converted into reading class. The Board erred in fact. Job search was not the issue but the nature of the course was.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
Decision 10874
Full Text of Decision 10874
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
2 nights a week plus Thurday day-time. Claimant would drop Thursday if full-time job available and, while employed, he attended courses 2 nights a week. I cannot accept that this gives rise to a presumption of non-availability. However, job search inadequate.
Decision 10632
Full Text of Decision 10632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Courses were given exclusively in the evening and on weekends. Could it be argued that he was not available? Of course not. Erroneous finding of fact without regard to all material. Job searches.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
Decision A-0690.75
Full Text of Decision A-0690.75
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Summary:
Nursery workers who take leave to attend courses, when their occupation is destined to disappear. It seems plain that a person who attends courses 5 hours per day, 5 days per week, is not available (except in exceptional circumstances).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
negligence by Commission |
|
|
Decision 23124A
Full Text of Decision 23124A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
warning |
|
Summary:
Studies/employment background; declared disentitled after over 5 months. A 4-week period should have been granted to him before he lost his benefits. It seems to me rather cavalier that the Commission makes such a decision in an arbitrary manner without notice of suspension. Board decision reversed.
Decision 22889
Full Text of Decision 22889
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
warning |
|
Summary:
There is no provision in the Act that expressly requires the CEIC to give reasonable notice before imposing disentitlement. According to the recent case law, it is required. After 9 months of benefits, he was looking for part-time employment. Period of notice (2 weeks) allowed. Retroactivity cancelled.
Decision 14317
Full Text of Decision 14317
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
warning |
|
Summary:
Claimant states that the Commission did not inform her, when she applied for UI, that her attendance at an unauthorized course would disentitle her. The Commission was not under a legal obligation to so inform claimant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 20613
Full Text of Decision 20613
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
The Board erred in law by ignoring the fundamental rule applicable to full-time students not referred to the course and attaching undue credence to self-serving assertions of work availability outside of class hours, in the absence of any history of part-time employment activity.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision 20600
Full Text of Decision 20600
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Board's error in law. It in fact considered only one element, to wit that the student was ready to drop her course if someone called her for work as she had family obligations. This fact alone is not sufficient.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision 20247
Full Text of Decision 20247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Attending a full-time course raises a presumption of non-availability. But claimant may rebut it by evidence to the contrary. Merely stating she is available and she would leave the course does not suffice. Obtaining work must be a primary concern. Convincing proof is job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
pattern study-work long ago |
|
Decision A-0239.90
Full Text of Decision A-0239.90
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
The fact that claimant says he would have quit university if suitable employment had been offered and that he had never refused any (because none was offered) is not evidence of a person actively seeking work, but more of one seeking not to be disentitled to UI. Upheld by FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
time required for studies |
|
Decision 18481
Full Text of Decision 18481
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Heavy burden of proof on full-time students. Mere statements of availability are not sufficient. She left her job to attend a full-time course. It defies all logic to accept she would leave the course, into which she had made a substantial cash investment, to return to her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 17848
Full Text of Decision 17848
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Refer to: A-0239.90
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
courses of study |
|
|
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
time required for studies |
|
Decision 16182
Full Text of Decision 16182
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Claims his courses were transferable and that he can adjust them to accept work. However, in order to obtain government loans and bursaries, he stated that he was pursuing his studies full time. This sworn statement clearly indicates his intention.
Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Normal expectation is full-time study does not leave time for full-time work. Failing referral by Commission, one must show this is one of those unusual cases. This requires more than a simple statement of intention, i.e. a history of work and study combined over several years.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
statement of facts |
not to be read strictly |
|
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
time required for studies |
|
Decision 15760
Full Text of Decision 15760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
It is firmly established that in only the rarest and most exceptional cases has a full-time student been able to meet 25(a). Presumption always very strong. Attendance at a school speaks louder than words. Mere statements of availability do not suffice.Pattern of work required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 15667
Full Text of Decision 15667
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Merely saying one would be prepared to leave the course will not ordinarily, by itself, rebut the presumption. That expressed intention must be accompanied by evidence such as a sustained and determined effort to find employment that shows where claimant's intent lies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 15412
Full Text of Decision 15412
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
The Board rejected the statement of the insured person that he was ready to give up his courses if he found employment. This is a strict issue of credibility in which I would not normally become involved. The insured person did in fact leave 2 months later in order to accept employment. This is a new fact.
Decision 14550
Full Text of Decision 14550
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
While he says he would be willing to leave the course, this appears somewhat unlikely as having gone this far preparing himself for his career as barrister and solicitor he would have to receive an unusual employment offer indeed to abandon his intentions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
binding judgments |
|
| availability for work |
courses |
pattern study-work as requirement |
|
| umpires |
jurisdiction |
binding judgments |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
attending classes |
|
Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Assertions by a student that he is ready and able do not carry much weight when they conflict with an objective fact, namely a full-time occupation in a full-time course, the objective fact must prevail.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 13937
Full Text of Decision 13937
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Claimant indicated on his training course questionnaire that he would be available at any time and would quit if suitable employment were found. However when he told the Board he had not looked for work it quite properly concluded that the onus was not discharged.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
duration of disqualification |
|
Decision 13800
Full Text of Decision 13800
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
The presumption raised may be rebutted. Mere statement that one would leave the course almost invariably not sufficient. To wait for a job does not suffice. One must show that obtaining work is the prime concern and that the course is secondary. Very convincing evidence required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 12716
Full Text of Decision 12716
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Not sufficient to state that one would leave the course if a job were found. He must not only be available but he must be looking for work. The hours of the course render it virtually impossible to search during normal working hours.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
The fact that the claimant has said time and time again that he would leave the course will ordinarily not be sufficient to prove availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
disentitlement not automatic |
|
| availability for work |
courses |
employment left |
|
Decision 11227
Full Text of Decision 11227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Full-time attendance, whether high school, community college or private trade school, speaks louder than words. Mere declarations that claimant prepared to quit course tend to be in contradiction with the simple fact that he is engaged full-time in course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
claimants treated differently |
|
|
| board of referees |
jurisdiction |
priority of law |
|
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Law consistently interpreted as denying benefit when a person is attending a course with definite goal in mind and to which he must necessarily devote full time, attention and energy. Not sufficient to say that he would abandon the course if a job offered.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 10760
Full Text of Decision 10760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Not sufficient to claim to be available; must prove capable of seeking suitable employment. Doing search only at times when offices closed, being able to accept only restricted conditions not sufficient. Not a study grant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
|
