Decision A-0736.95
Full Text of Decision A-0736.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
annual leave |
|
Summary:
Claimant left her employment to care for her ill husband. No doubt that husband required care in the family home during his illness. No disqualification for voluntary leaving but disentitlement for non availability. Principle in Faltermeier (A-479-94) reaffirmed by FCA. While establishing just cause for V.L. a claimant remains subject to an obligation of showing that he or she was "available for work" for any working day in a benefit period.
Decision 29027
Full Text of Decision 29027
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
annual leave |
|
Summary:
The claimant scheduled his annual leave pursuant to the terms of his collective agreement. Held that a vacation period is necessary and beneficial for workers; it goes against the notion of availability, and one would deviate from the intent of the Act in considering it as a period of availability.
Decision 72674
Full Text of Decision 72674
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The Commission determined that the claimant was not available for work due to her obligation to care for her grandson as ordered by the Court, a disentitlement was imposed. The claimant later indicated that she wanted to apply for parental benefits. The Commission determined that the claimant was not eligible for parental benefits because it was established without ambiguous that the care of a child by order of a Court is not equivalent to a placement for the purpose of adoption. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
for the purpose of adoption |
|
|
Decision 67923
Full Text of Decision 67923
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant was not avaiable for work after receiving six weeks of compassionate care benefits as he remained in Edmonton to care for his daughter until she sufficiently recovered from a heart transplant operation.
Decision 63006A
Full Text of Decision 63006A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Although the Act recognises the need for a parent to take care of his/her child, the Federal Court of Appeal has ruled that the Act requires this person to remain available for work.
Decision 63624
Full Text of Decision 63624
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant stated that, because she had to take care of her disabled father she could not work on a regular basis. The Umpire confirmed the Commission's decision that the claimant was not available for work as required under s. 18(a) of the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| compassionate care |
requirements |
|
|
Decision A-0432.97
Full Text of Decision A-0432.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant was disentitled from benefits based on her a lack of availability. She quit her job to take care of her child who was diagnosed with Hyperactivity Disorder. FCA found that this case was identical to Faltermeir A-0479.94 and based on the principle of that decision " A person who quits a job to care for a sick child will not be disqualified, but will not be eligible to start receiving benefits until he or she is available for work", the court dismissed claimant's appeal.
Decision 39871
Full Text of Decision 39871
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant who restricts her job search to accommodate child care obligations cannot be considered available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
hours of work |
|
| availability for work |
job search |
number of contacts |
|
Decision 37557
Full Text of Decision 37557
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
See summary indexed under FCA A-0432.97
Decision 25001
Full Text of Decision 25001
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Refer to: A-0479.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
sickness defined |
|
|
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision A-0479.94
Full Text of Decision A-0479.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Nothing contradictory between S.14 and S.28 of the Act. A person who quits his or her job to care for a sick child will not be disqualified, but will not be eligible to start receiving benefits until he or she is available for work. The two provisions function independently.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
sickness defined |
|
|
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 25397
Full Text of Decision 25397
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
[obiter] Claimant quit to look after her 4 children. As she could not go out to work unless she got a job that paid at least $10 per hour, and as she insisted that there was no such work to be found, it appears she remained unavailable for work as a practical matter.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 25257
Full Text of Decision 25257
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The Board committed a serious error in law. While it is admitted that the claimant acted admirably in preferring to look after her child rather than continue to work, it is obvious that she was not vailalble, since it was physically impossible for her to do both.
Decision 25057
Full Text of Decision 25057
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Although availability implies a sincere desire to work, the will to work is not in itself synonymous with availability. In order to decide if a person his available, it must be determined if he his faced with obstacles which hinder his will to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Decision 22875
Full Text of Decision 22875
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Ss. 28(4) must be construed to be consistent with s. 14 which requires that a person be available for work. As I construe the Act, a person who leaves work because of an obligation to care for a child will not be disqualified but must nevertheless make arrangements so as to be available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| availability for work |
restrictions |
work at home |
|
Decision 22477
Full Text of Decision 22477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Disqualification based on claimant's non-return to work after maternity leave removed because of new ss. 28(4) including an obligation to care for a child. Held that she was not available due to restrictions to evening work and due to her failure to make satisfactory child care arrangements.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
good cause |
|
|
| refusal of work |
babysitting arrangements |
|
|
| refusal of work |
personal constraints |
after confinement |
|
| refusal of work |
transportation difficulties |
|
|
| board of referees |
errors in law |
meaning of a term |
|
| availability for work |
restrictions |
part-time work |
|
| umpires |
jurisdiction |
evidence new |
|
Decision 20681
Full Text of Decision 20681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant was on leave of absence from her employment with a letter from her physician stating that she was required to look after her seriously ill husband. Sympathy is not a ground for avoiding the clearly mandated legal requirement that one be capableand available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Decision 20056
Full Text of Decision 20056
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Working mother who lost her baby-sitter and was unable to find a replacement for more than 3 months, after which time she was able to return to her employment. Retroactive decision. Social or family implications not reflected in the very clear provisions of para. 14(a).
Decision 17798
Full Text of Decision 17798
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
One has the responsibility to resolve all domestic situations in order to be able to accept work. Looking after a sick relative (disabled wife) during possible employment hours, while very admirable, means that claimant is not available for work.
Decision 17771
Full Text of Decision 17771
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant made no efforts to look for work since she had no child care for her 2 children. Substantial overpayment. Jurisprudence has consistently held that lack of child care is evidence of unavailability. BERTRAND quoted.
Decision 16639
Full Text of Decision 16639
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The insured person looks after his child 3 days a week. He says he is available since he could intrust care of the child to a relative if he was offered work. Unable to explain where he claims to have looked for work for 6 months. Not an incorrect assessment of the facts.
Decision 16439
Full Text of Decision 16439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
A recipient of UI has the responsibility to have all domestic situations fully resolved in order that she may be able to accept all or any offers of suitable employment; and if unable to resolve those situations, can no longer be entitled to UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free of bias |
|
Decision 16050
Full Text of Decision 16050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant admits she has no childcare arrangements as her former sitter has now moved and it is difficult to find one because of child's rash. In addition, her doctor advised her that she should stay home with the baby.
Decision 15986
Full Text of Decision 15986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The insured had to leave her job because her mother was ill and she had to stay home to take care of her.
Decision 15883
Full Text of Decision 15883
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Availability is a question of fact. The Board made a determination that the claimant did not have immediate access to child care in order to be available to seek and accept an offer of employment. There was evidence to support this.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Decision 15218
Full Text of Decision 15218
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant's statement clearly shows she has no one to care for children if employment found. Subsequently 2 babysitters testify as being fully available. Credibility best left to Boards. Evidence from babysitters seems to have been an after-the-fact attempt to prove availability.
Decision 14748
Full Text of Decision 14748
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Since the CEIC accepted that claimant had made arrangements for the care of her child from 12-8, no reason to disbelieve both claimant and mother that grandmother was available to babysit from 15-6. She had left employment for this but this was on 30-5,not 15-6. [p. 8-9]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 14644
Full Text of Decision 14644
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Collects 15 weeks' maternity benefits and then does not return to her job held open for her because no babysitter. There was an obligation on her part to make babysitting arrangements as would enable her to return.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
maternity leave |
|
Decision 12871A
Full Text of Decision 12871A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant did not return to work after confinement as she had to care for the baby. The Board was not at liberty to decide that her conduct was reasonable in staying home. One must be available for work. She made it quite clear she was not.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Decision 12780
Full Text of Decision 12780
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Attending sick child, without more, is not proof of non-availability. She may have done so because unemployed and she had time available. It does not mean she would not have accepted work or that alternative arrangements not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
second notice a nullity |
|
| board of referees |
issue not recognized |
error by board |
|
Decision 12249
Full Text of Decision 12249
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant herself confirmed with the Board that she had no adequate housekeeping arrangements, thus unable to attend should a job be located.
Decision 10915
Full Text of Decision 10915
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
After 7 years, left part-time evening employment as nurse because of teen-agers at home. Declared disentitled after 4 months. According to BERTRAND, cannot consider family problems that prevent insured from being available or restrict her hours of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
| availability for work |
applicability |
proof |
|
Decision A-0613.81
Full Text of Decision A-0613.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant's failure to find a babysitter despite strong and reasonable efforts to do so could not in law make her available for suitable employment within 14(a). [p.15]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
babysitting arrangements |
|
|
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
restrictions |
hours of work |
|
| availability for work |
incompatible situations |
good reasons |
|
| board of referees |
errors in law |
availability concept |
|
| board of referees |
errors in law |
meaning of a term |
|
Decision 20038
Full Text of Decision 20038
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
garnishment |
|
Summary:
Disentitled as not available having left his job because his wages were garnished. It was open to the Board to confirm that decision on the material which it had before it. Argument that he was available for the time required for the creditor to locate him not persuasive.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Decision A-0388.04
Full Text of Decision A-0388.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
The Commission found that the claimant had just cause for leaving her employment, but, since she was not available for full-time employment she could not receive benefits. The Umpire concluded that since the claimant had just cause pursuant to subsection 29(c) that the availability requirement of section 18 of the Act could not be applied to disqualify her from receiving benefits. The Court concluded that the Umpire failed to apply the jurisprudence and that the requirement of availability cannot be waved on the ground that the claimant had good cause for leaving her employment.
Decision 58551A
Full Text of Decision 58551A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
Refer to summary indexed under FCA A-0388.04
Decision 23243
Full Text of Decision 23243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
Refer to: A-0652.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
| availability for work |
job search |
recall or other probable employment |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision A-0652.93
Full Text of Decision A-0652.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
Availability is a statutory requirement pursuant to ss.14(a) and, hence, cannot be ignored by Umpires, whatever the extenuating circumstances may be. That it may appear reasonable for a claimant not to seek work is insufficient reason to ignore the law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
| availability for work |
job search |
recall or other probable employment |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision 17065
Full Text of Decision 17065
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
As unfortunate as it seems, considering that the claimant had legitimate reasons for not being available, the fact remains that she was not, as required under 14(a). She made every effort to obtain transportation but was unable to do so. Therefore, not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
transportation difficulties |
|
| availability for work |
job search |
warning before disentitlement |
|
Decision 14054
Full Text of Decision 14054
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
The fact that this conduct was dictated by health, age and in order to live with her son, does not alter the fact that she effectively withdrew herself from the labour market where she might have been employable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Decision 12871A
Full Text of Decision 12871A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
Claimant did not return to work after confinement as she had to care for the baby. The Board was not at liberty to decide that her conduct was reasonable in staying home. One must be available for work. She made it quite clear she was not.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Decision 13115
Full Text of Decision 13115
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
The question of availability is an objective one. It cannot depend upon the particular reasons for the restrictions, however much these may evoke sympathetic concern.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
| availability for work |
restrictions |
geographical area |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision A-0613.81
Full Text of Decision A-0613.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
The Umpire erred in law when he concluded that, notwithstanding claimant's restrictions as to hours, she was available because she had made reasonable efforts to find a babysitter. [p.14]
Availability cannot depend upon the particular reasons for the restrictions however these may evoke sympathetic concern. Otherwise, availability would be a completely varying requirement depending on the view taken in each case for the relative lack of it. [p.14]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
babysitting arrangements |
|
|
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
restrictions |
hours of work |
|
| availability for work |
incompatible situations |
family obligations |
|
| board of referees |
errors in law |
availability concept |
|
| board of referees |
errors in law |
meaning of a term |
|
Decision 63578
Full Text of Decision 63578
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The claimant is deemed not eligible for benefits after receiving the maximum payable for sickness. The Umpire stated that the first medical report could only be considered an approximate evaluation of the claimant's period of disability. The more recent evaluation was certainly more reliable and more consideration should have been given it for the purposes of determining the claimant's current availability and capacity for work.
Decision 15799
Full Text of Decision 15799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Refer to: A-1049.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
| availability for work |
applicability |
proof |
|
Decision A-1049.88
Full Text of Decision A-1049.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The Board erred in law. Availability to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
| availability for work |
applicability |
proof |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
Decision 16240
Full Text of Decision 16240
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Advised 2 months late that her entitlement to UI sickness had expired. Her treatment was elective and had she known she would not be entitled to UI she would have made herself available for work. This may be so. It remains that she was not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
expiration of sickness benefits |
|
|
| availability for work |
applicability |
Commission allegedly at fault |
|
Decision 16061
Full Text of Decision 16061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The requirement in 14(a) that a claimant must be capable for work refers to physical capability in the sense of being physically well or not being subject to some restraint which makes the person unable to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 14054
Full Text of Decision 14054
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The fact that this conduct was dictated by health, age and in order to live with her son, does not alter the fact that she effectively withdrew herself from the labour market where she might have been employable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Decision 13995
Full Text of Decision 13995
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
It is correct that the board should not state medical opinoins. It must be recalled that it is up to the claimant to prove availability. Claimant had undergone very serious operation and it was entirely reasonable to conclude that he could not work immediately.
Decision 13897
Full Text of Decision 13897
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
Mere fact of receiving compensation payment because of injury does not mean not capable and not available. Cannot rely on decision of CSST. (Do not know whether this was full indemnity after March 5)
Decision 12388
Full Text of Decision 12388
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
Summary:
The claimant does not dispute the fact that she was not capable of working. Accordingly, she is clearly not entitled to regular benefits [p. 3].
Decision 72510
Full Text of Decision 72510
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
The Commission determined that the claimant would not have been available for work if he had not been sick because he was incarcerated. The Commission imposed an indefinite disentitlement. The evidence in this case establishes that, following his incarceration, the claimant was released on parole, on the stipulation that he stay at a residential facility until the officials in charge of the facility decide otherwise. The claimant's probation officer indicated that, if the claimant left the facility without permission, he would be sent back to prison. The BoR reviewed the evidence and found that the claimant had not established availability for work and that an inmate of a prison or similar institution is disqualified from Employment Insurance benefits. The appeal by the claimant is dismissed by the Umpire.
Decision 45899
Full Text of Decision 45899
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Claimant asserted that, because he had chosen to be confined to a residential drug addiction treatment centre, he was not subject to par. 32(a) of the Act regarding inmates. Claim dismissed by the Umpire. Claimant was required to be at the residential drug addiction treatment centre 24 hours a day. The court order even stated that he would be taken into custody if he left the residential centre. Claimant was not in a position to look for work or hold any type of job. FCA decision in Whiffen (A-1472.92) cited.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
immediate availability |
|
Decision 40235
Full Text of Decision 40235
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Clmt, a prison inmate, alleged that he had not made false statements in declaring on his cards that he was available for work. To receive benefits, a clmt must first qualify and then be available and actively seeking employment. Clmt was well aware that even if he was willing and perhaps physically able to work, he could not take on work at that time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
availability for work |
|
|
Decision 34344
Full Text of Decision 34344
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Inmate at a Correctional Institution where policy was to release an inmate on day parole or leave if called back to work. However, until a claimant is called back by the employer, he remains incarcerated and can not be considered available for work.
Decision 24271
Full Text of Decision 24271
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Claimant says he was eligible for pre-release and therefore available. Section 55 provides that an inmate granted parole would not be disentitled. Claimant did not apply for and was not granted a parole of any kind. There is a clear distinction between being eligible for and being granted pre-release.
Decision 17123
Full Text of Decision 17123
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Reg. 55 provides an exception to the general rule, so it must be given strict interpretation. Not for a Board to decide that an inmate who has served one third of his sentence is eligible for work. The certificate of availability must come from the dulyconstituted authorities.
Decision 11883
Full Text of Decision 11883
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Opted for 15 days in jail rather than pay fine. Had a job become available, she would have either paid the fine or request a temporary absence pass. One cannot assume it would have been granted. Physically impossible to conduct job search.
Decision A-1132.84
Full Text of Decision A-1132.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Meaning of "inmate" examined in the light of s.32 and reg. 55. Reg. 55 exempts inmates who have been physically released from prison for certain purposes. This broader concept applies as well to ss.7(2). [p. 11-12]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
rules of construction |
intent and object |
|
| board of referees |
rules of construction |
context and titles |
|
| basic concepts |
qualifying period |
extension |
incarcerated |
| basic concepts |
qualifying period |
extension |
rationale |
Decision 10689
Full Text of Decision 10689
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Disentitlement under 32(a) based on same principle as 32(b). Must not be seen as penalty for inmate, any more than for absence from country. Rule based on effective lack of availability.
Meaning of "détenu" and "inmate" considered; not perfectly equivalent. Ejusdem generis rule applicable to "similar institution". Admission to psychiatric institute for diagnosis and not punishment. He is inmate, but not in prison.
Accused of theft and admitted to psychiatric institute in Montreal for 6 weeks to assess fitness to stand trial. Not a prison. Diagnosis rather than punishment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
|
Decision A-0869.81
Full Text of Decision A-0869.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Summary:
Letter submitted showing claimant was granted temporary absence to work with a specific company but, when company was contacted, there was a layoff. We do not think that this letter is capable of being regarded as evidence of a temporary absence within reg. 55.
The availability of a temporary absence permit to work is not equivalent to a "temporary absence". Reg. 55 contemplates that the inmate has been granted temporary absence and is not disabled by his incarceration from looking for work.
Spent 3 weeks at Burtch Correctional Centre. Case allowed by Board as claimant involved in mass layoff and job search not required. Overturned by Umpire: no evidence that temporary absence had been granted. In our view, the Umpire's decision was correct.
Decision 63995
Full Text of Decision 63995
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
serve sentence in community |
Summary:
The claimant worked for an anti-poverty organization as part of her community service to repay outstanding fines. Since she was required to perform community service, she could not have been available for other work.
Decision 26406
Full Text of Decision 26406
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
Summary:
He chose to exercise his right to early retirement under the collective agreement. Moreover, he could have resumed his employment simply by submitting an application in writing 40 days after having been laid off. If he had really been looking for work, he would have exercised his right.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary layoff |
|
Decision 20119
Full Text of Decision 20119
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
Summary:
Although recovered, the insured decides, at the end of his leave, to accept employer's suggestion to keep his replacement on for a few months. He decides not to file a grievance, contrary to union's wishes. Availability not proven.
Decision 16075
Full Text of Decision 16075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
Summary:
The work was not steady and when there was no work claimant sought UI. He requested time off because he was building a house for himself. Employer agreed provided claimant would accept to work if it became busy. This he did on odd days over the 7-week period. No error by Board.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
applicability |
definition |
|
Decision 11682A
Full Text of Decision 11682A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
Summary:
I am of the opinion that this second decision cannot result from the first (that left voluntarily). Test of just cause under 28 is not same as availability under 14(a). Case referred back to board.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary layoff |
|
Decision 11894
Full Text of Decision 11894
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
Summary:
Elected to be laid off on the basis of inverse seniority in part because it was the Christmas season. Had not contacted any other employers for alternative employment and was waiting to be recalled.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
otherwise available |
|
|
| voluntarily leaving employment |
applicability |
voluntary layoff |
|
Decision 26468
Full Text of Decision 26468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
A truck driver working on call in Rimouski who requested a one-week leave of absence to go and look for work in Montréal. He had to assume the burden of proof, and he obviously was not availalble during that week. His job searches are not sufficient to establish his availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
leave without pay |
|
|
Decision 20681
Full Text of Decision 20681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Claimant was on leave of absence from her employment with a letter from her physician stating that she was required to look after her seriously ill husband. Sympathy is not a ground for avoiding the clearly mandated legal requirement that one be capableand available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Decision 20403
Full Text of Decision 20403
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
The claimant could, upon giving 2 weeks' notice to her previous employer, return to her previous job. She intended to do so but only in December, the date when a suitable person would be available to look after her children. She does not meet the objective test of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 20137
Full Text of Decision 20137
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Following maternity benefits, claimant had her leave extended by 2 months due to the stressful nature of the job. She had a position waiting for her for which she was qualified. She does not meet the objective test of being unable to find suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 16668
Full Text of Decision 16668
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Non-availability based on a claimant's request to take leave of absence not upheld. There is conclusive proof that she was required to take pregnancy leave. The collective agreement stipulates that no female employee shall continue during and after the 6th month.
Decision 15965
Full Text of Decision 15965
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Leave of absence for 24 weeks to find a better job. Refusal of work at issue, not availability. To permit claimants to leave work, accept a 6-week penalty and then be entitled to UI, seems irrational. Statute not designed to permit parties who have suitable work to receive UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
leave without pay |
|
|
Decision 15764
Full Text of Decision 15764
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
On 1-year leave of absence to look for other work. She can return to her position or similar duties and wages at any time after 30 days' notice. Requirement to accept suitable work designed to prevent abuse and minimize use of UI funds. S.28 balances off 30-day waiting period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 15497
Full Text of Decision 15497
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Claimant obtained an upaid leave of absence for 1 week. The Board concluded it was her choice to take leave. I am satisfied that she voluntarily withdrew herself from employment. She was on a mutually agreed absence and could not be seen as either unemployed or available.
Decision 15223
Full Text of Decision 15223
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
She had been on regular UI since August and on maternity before. Chose not to return to previous job. Disentitled starting October. It may be that she preferred to stay home with new baby, a preference which is natural. But one is not entitled to UI unless serious about working.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
decision not to reconsider |
|
| availability for work |
job search |
warning before disentitlement |
|
Decision 14227
Full Text of Decision 14227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Teacher on maternity leave until 2-5. Then requested extended leave until 30-6 as not in the best interests of students to change teachers so close to the end. Only job search was as supply teacher at same school. Question of fact by Board not disturbed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
expiration of leave |
|
|
Decision 14093
Full Text of Decision 14093
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
After terminating her maternity benefits, there was no real effort on her part to look for other employment between 8-4 and 29-4. She in fact was simply waiting to return to former employment at a pre-arranged date and time (29-4).
Decision 13765
Full Text of Decision 13765
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
That being the case (looking for other full-time work) even if the claimant had controlled the date (which was not the case) at which she restarted her part-time work she could not be said thereby to not be available.
Decision 13505
Full Text of Decision 13505
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
On extended leave because of fact that because of her child she could not work 12 hour shifts as nurse, which are common hours in Vancouver. Case turns on facts. Did not prove incapable of finding suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 12587
Full Text of Decision 12587
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Delayed her return to work one week following misadvice by CEIC that she could collect one more week of adoption benefits. It cannot be said that she was unable to obtain suitable work. She had a job waiting for her and was not prevented from taking it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
period payable |
|
|
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 12107
Full Text of Decision 12107
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Leave to complete studies and look for something else. I am of the opinion that in such a situation the UI fund becomes a sort of bursary, which has been consistently condemned in the case law; cannot be used to finance temporary leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
reasonable period of time |
|
|
| availability for work |
restrictions |
type of work |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 11619
Full Text of Decision 11619
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
From the point of view of the developmental needs of her child, claimant's decision to take an extended leave is objectively laudable. Employer ready to take her back after 17 weeks but she chose not so soon. Not in line with social value evinced by UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| teaching |
casual or substitute |
applicability |
|
Decision 11564
Full Text of Decision 11564
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Claims regular UI after 15 weeks' maternity. Prior to leave, had requested and been granted an additional 6-week leave. Genuine change of mind but term employee replacing her. Availability not the proper question. Not unemployed or should be disqualified for voluntary leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
maternity leave |
|
| board of referees |
issue not recognized |
decision maintained |
|
Decision 10662
Full Text of Decision 10662
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Usual employment consists of scattered shifts with no set pattern. It is the unusual timetable that prevented claimant from obtaining babysitter, so employment is unsuitable. Actively seeking employment and available for static shifts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
family responsibilities |
|
|
Decision A-0706.84
Full Text of Decision A-0706.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
The Board erred in law in interpreting CUB 5463. That CUB states that being on an unpaid leave is not conclusive of non-availability. It is not authority for the proposition that one is necessarily available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
deferred salary leave |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
applicability |
definition |
|
Decision A-1294.83
Full Text of Decision A-1294.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Board of referees could not conclude, without erring in law, that the claimant was entitled to benefit solely because she had asked to be reinstated in her employment before the end of the leave and had found a babysitter.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
availability concept |
|
Decision 15014
Full Text of Decision 15014
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
rest |
|
Summary:
3-months layoff and wished to rest. His council argued that he was disentitled without notice. There is nothing in the Act requiring notice. Case law establishes that a reasonable time period should be given, but in this case the insured person stated that he wanted to rest.
Decision 22944
Full Text of Decision 22944
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
retiring voluntary |
|
Summary:
Claimant took voluntary retirement at age 66 in 4-91. This raises a presumption that he is withdrawing himself from the labour market. One would expect a person who intended to remain in the labour market to obtain another job before leaving the one currently held.
Decision 16913
Full Text of Decision 16913
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
retiring voluntary |
|
Summary:
Not available as he retired through incentive program for younger people. The Board was correct: When attempting to rebut initial statements, supportive evidence is required. Not enough to say that an error was made. Had he really wanted to work, he would not have retired early.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
Decision 15256
Full Text of Decision 15256
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
retiring voluntary |
|
Summary:
Companies and unions are very careless in the way they advise early retirees with respect to UI. They are left with impression they are entitled to 1 year's UI. Not told they are expected to re-enter the workforce even if that means seeking and accepting a job less advantageous.
Decision 13568
Full Text of Decision 13568
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
retiring voluntary |
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Summary:
Insured took early retirement and believed he would automatically receive benefit without proving availability, but para. 14(a) requires evidence of availability.
Decision 25541
Full Text of Decision 25541
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
sharing employment |
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Summary:
Voluntarily removed herself from a full-time position and took 50% of her regular working time off her schedule. She thereby chose not to avail herself for full-time employment. While the reasons for doing so are valid and laudable (spend time with family), they are not grounds recognized by the UI Act.
Decision 19780
Full Text of Decision 19780
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
sharing employment |
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Summary:
Electrician sharing his job: 9 weeks at work, 9 weeks off. His position is analogous to a teacher seeking work during a non-teaching period. His active job search must be directed at attempting to obtain work which he realistically can be expected to take: temporary work. [p._10]
Electrician sharing his job, 9 weeks at work and 9 weeks off. Given the temporary nature of the self-imposed restriction, if there are virtually no opportunities of work, disentitlement is justified. His situation does not relieve him from the availability requirement. [p._11]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
compensatory leave |
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| teaching |
availability for work |
summer months |
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| board of referees |
errors in law |
misinterpretation of provision |
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| umpires |
grounds of appeal |
capricious finding |
meaning |
