Decision 77007
Full Text of Decision 77007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The claimant failed to prepare a curriculum vitae, contact employers or show any interest in rapidly returning to the labour market. He stated that, after working for 35 years, he had made his contributions and was entitled to receive benefits. This interview clearly shows that the claimant was not available within the meaning of the EI Act. The claimant stated that he had not looked for employment since he started receiving benefits and that his priority was a trip to Europe, which had been planned a very long time ago. The Commission’s appeal is allowed and the Board of Referees’ decision is rescinded by the Umpire.
Decision 73580
Full Text of Decision 73580
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The claimant's benefits were suspended by the Commission from March 2, 2009, because in the 11 weeks before that date he had conducted only one job search.
On appeal before the Umpire, the claimant did not present any new evidence or new argument, except a few job searches made after March 2, 2009. The appeal by the claimant is dismissed.
Decision A-0598.03
Full Text of Decision A-0598.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
A claimant cannot simply wait to be called back to work. He needs to look for work to receive benefits.
Decision 54859
Full Text of Decision 54859
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Claimant was a seasonal worker and argued that it was pointless to look for paid work for a short period, since no serious employer would be interested in training an employee who would be leaving so soon. It was concluded that availability must be proven for every working day in a set period and that this requirement could not be ignored, no matter what extenuating circumstances may prevent a worker from complying with it.
Decision 51724
Full Text of Decision 51724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Claimant allowed a period of eleven (11) weeks to find employment restricted to his field of work and refused, after that period, to broaden his search to other areas of employment. While the EI Act does not define a reasonable lapse of time, this notion depends on the nature, purpose and circumstances of each case. What is reasonable becomes a judgment call after the purpose of the legislation and the circumstances of the case have been taken into account. Claimant failed to demonstrate that he made reasonable efforts to find work in a broader area than that of academic research as he ought to have done to prove availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
| availability for work |
restrictions |
type of work |
|
Decision 40597
Full Text of Decision 40597
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The case law has clearly established that the concept of availability implies a sincere desire not only to make oneself available, but also, and above all, to make a serious effort to find a job. In the present case, it seems that a single job search does not meet the requirements of the above-noted criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
| availability for work |
applicability |
proof |
|
Decision A-0940.96
Full Text of Decision A-0940.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Claimant admitted that he did absolutely nothing for a year, didn't look for a job, just took a break. Based on this, BOR found that the claimant had not looked for work during the entire period of his claim. Umpire concluded that the BOR has made the proper decision. FCA maintained Umpire's decision.
Decision 35661
Full Text of Decision 35661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
A claimant's availability must be demonstrated by a real and active job search. A claimant cannot simply receive benefits without doing anything in return. Even if he or she knows that a job will be offered to him eventually.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
| availability for work |
applicability |
definition |
|
Decision 33717
Full Text of Decision 33717
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The beneficiary refuses to provide evidence of job search to certify his availability, though he maintains that he was always available to work. However, a mere statement to that effect is not sufficient. The statement must be accompanied by evidence that he has been looking for work, as required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
request for information |
|
| availability for work |
applicability |
proof |
|
Decision 20436
Full Text of Decision 20436
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Availability means that one is willing to work under normal conditions without unduly limiting chances of employment. This is demonstrated by one's attitude and more importantly his actions. That is why evidence of an active job search is crucial to meeting the requirement.
Decision 18243
Full Text of Decision 18243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The onus is upon the claimant to demonstrate a readiness to accept suitable employment and actively seek work: this is best proved by an active job search. A mere statement by claimant is insufficient and evidence of the claimant's efforts to find employment must be presented.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
good cause |
|
|
| refusal of work |
existence of refusal |
|
|
Decision 14866B
Full Text of Decision 14866B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Availability is a question of fact. It is essential for a claimant to actively seek work; passive research or reliance on others to find work are not sufficient (CUB 12563). Very little evidence of a job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
| availability for work |
job search |
recall or other probable employment |
|
Decision 16219
Full Text of Decision 16219
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The law is clear that the onus rests on the claimant of proving availability and the mere statement that one is available falls short of the proof required. Job search activity is required for proof. A full-time course affects availability.
Decision 13989
Full Text of Decision 13989
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
According to the Act and the case law availability is not limited to passively waiting but must be manifested by dynamic attitude and reflected in sufficient number of job searches.
Decision 13586
Full Text of Decision 13586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The words "unable to obtain employment" in 14(a) mean that a search must be made. One cannot be available by staying at home waiting for a call. An active, serious search is required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
Decision 13248
Full Text of Decision 13248
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The onus is on the claimant to show not only that he is available for work, but also the efforts made to secure employment. Looking for work is a full-time job.
Decision 12831
Full Text of Decision 12831
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
The requirement is not only to show that one is available, but also what one has done to secure employment. Simply saying "I never refused any work" is not enough because it implies a requirement on the Commission to make job offers.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
labour market information |
|
| board of referees |
constitution of board |
quorum |
|
Decision 11756
Full Text of Decision 11756
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
Availability is a question of fact to be examined by taking into account claimant's active efforts to find employment and also the nature and extent of employment opportunities. Efforts made to find work must be active and not merely passive and being in a state of readiness.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
from a Commission agent |
|
| availability for work |
applicability |
definition |
|
Decision A-0298.74
Full Text of Decision A-0298.74
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
Summary:
It seems to us to be impossible for a claimant to meet this condition (proving availability and inability to obtain employment) if he does not prove that he made reasonable efforts to obtain employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
make regulations |
|
| availability for work |
applicability |
proof |
|
Decision A-0474.97
Full Text of Decision A-0474.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
Claimant laid off early April 1995. Recall date: 1-07-95. Claimant was recalled f/t on 16-10-95 but went back to work for his employer on a p/t basis on 29-05-95. Claimant's position was that he did not have to look for work because he had a recall date in July. Claimant disentitled for non-availability. Decision upheld by BOR and Umpire. In light of the circumstances of the file, case ordered by FCA to be returned to the BOR for reconsideration.
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-0652.93
Full Text of Decision A-0652.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
As stated in CUB 13957, the Act is quite clear that a claimant must establish his availability for work, and that requires a job search. This requirement is not removed if the period of unemployment is a short one, no matter how little chance of success a claimant may feel a job search would have.
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 |
|
| availability for work |
incompatible situations |
good reasons |
|
| teaching |
availability for work |
summer months |
|
Decision 23243
Full Text of Decision 23243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
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 |
incompatible situations |
good reasons |
|
| availability for work |
job search |
recall or other probable employment |
|
| teaching |
availability for work |
summer months |
|
Decision 12350A
Full Text of Decision 12350A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
It has been frequently held that the mere fact that employment is difficult to find (by reason of economic conditions and age) is not justification for failure to seek it vigorously. The more difficult it is to find, the greater must be the effort to seek it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
|
|
Decision 13473
Full Text of Decision 13473
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
As claimant stated, Baie Comeau is a very small town with 3 companies and 4 restaurants. The fact that one is available is known to the community. Talking with certain people counts as job search.
Decision 13425
Full Text of Decision 13425
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
The fact that the possibility of obtaining employment in the Ripley area (a town of about 800 people) was remote does not relieve him (a union member) from the obligation to look for work. The fact that he did not reject any offer does not assist him either.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
union jobs |
|
Decision 12609
Full Text of Decision 12609
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
During a 4-month period the claimant had only contacted 2 employers. The fact that residents of Alert Bay area in B.C. were aware that she was unemployed and looking for work is not sufficient. It was open to the Board to decide that she failed to proveavailability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Decision 11895
Full Text of Decision 11895
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
It is unlikely that School Boards listed hire a non-catholic teacher, says claimant. It is for them, not for claimant, to decide. The claimant has made an unfounded assumption that there were no jobs available without verifying that information with theonly people who knew.
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 |
job search |
reliance on others |
|
| availability for work |
restrictions |
labour market information |
|
| availability for work |
job search |
number of contacts |
|
Decision 16683
Full Text of Decision 16683
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
The Board accepted the claimant's evidence of a broadened job search area and allowed UI as of the date of the hearing. Decision reached without regard for the material before Board. The Board was under a duty to consider just when the broadened job search had begun.
Decision 15225
Full Text of Decision 15225
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
Job search list received by Commission 27-1. The Commission then considered that claimant had met 14(a) starting 25-1. Since the list was accepted, claimant must be considered available for the period to which the list relates, which is from 1-1.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
wages or salary |
|
Decision 15152
Full Text of Decision 15152
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
Teacher who gave birth to a child 19-5 and held not available from September. However during October and subsequently her searches were more than adequate. It appears clear that as of the hearing on 6-11, the Board should have lifted the disentitlement.Terminated 6-11.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
leave commencing prior to summer months |
|
|
| voluntarily leaving employment |
applicability |
maternity leave |
|
Decision 14876
Full Text of Decision 14876
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
The Commission quashed the disentitlement effective 26-9. There is nothing to indicate why it chose the 26-9 date. If it was based on the job search list, then one has to ask why the Commission did not take account of the earlier job searches as well. [p. 6]
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 |
weight of statements |
contradictory |
|
| availability for work |
restrictions |
or preferences |
|
| board of referees |
weight of statements |
clarification |
|
Decision 14215
Full Text of Decision 14215
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
Since the job search list was presented today, the Board terminates the disentitlement that day. The search list however lists contacts much prior to that date. If the job search is genuine, the disentitlement must be removed, not terminated. [p. 7]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
existence of refusal |
|
|
| teaching |
availability for work |
summer months |
|
| reconsideration of claim |
errors by Commission |
not binding for future |
|
Decision 14090
Full Text of Decision 14090
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
The fact that the Board accepted the job search establishes that the claimant was available for and seeking work, not from 14-12, but from 17-11, the date the claim commenced. Obviously, employers listed not all contacted on the day of that letter of 14-12.
Decision 14071
Full Text of Decision 14071
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
effective date |
|
Summary:
Entitlement (based on adequate search for employment) does not take effect on the date when the proof is submitted, i.e. 1-10-86, but must be connected to the period when the searches were made (i.e. starting on 25-8-86).
Decision A340.16
Full Text of Decision A340.16
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
This is an application for Judicial Review of a decision of the Social Security Tribunal (SST)-Appeal Division (AD) dismissing the Canada Employment Insurance Commission's (Commission) appeal of a decision of the SST-General Division (GD). The Respondent claimant took a leave of absence from work to care for her parents. Under the terms of her leave, she was not permitted to earn income from other sources if she wanted to keep her employment benefits. This Court found at para. 9 that: based on the factual findings, the SST Appeal Division concluded that by limiting her job search to positions within the Bank, a large corporate employer, the Respondent did not unduly limit her chance of returning to the labour market so as to be unavailable. While it may well have been open to the SST Appeal Division to reach another conclusion, this Court has not been persuaded that on the facts before it that the SST Appeal Division had reached an unreasonable conclusion. The application for judicial review was therefor dismissed. (Ref. paragraph 18(1)(a) of the Employment Insurance Act, S.C. 1996, c. 23)
Decision 20131
Full Text of Decision 20131
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
In searching for employment only in Chinese newspapers, the claimant placed unreasonable restrictions on his employment. I am not convinced that this was due to difficulty with the English language. He has been employed with Canada Post for 10 years. Likely due to ill health.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
Decision 14576
Full Text of Decision 14576
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
The Board believed that the legal status of availability requires that the job search be conducted in some way other than by telephone. This is incorrect. No such requirement exists. Error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
| board of referees |
jurisdiction |
evidence new |
|
| board of referees |
errors in law |
meaning of a term |
|
| board of referees |
right to be heard |
employer |
|
| availability for work |
job search |
number of contacts |
|
| board of referees |
errors in law |
availability concept |
|
Decision 13536
Full Text of Decision 13536
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
Ambiguous statement on file regarding non-availability. Claimant contacted 10 potential employers by phone. The Commission checked with 4 who said they had no written application and cited this as not backing up his job search but this does not contradict claimant's evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free of bias |
|
| board of referees |
weight of statements |
clarification |
|
| board of referees |
errors in law |
denial of natural justice |
|
Decision 13201
Full Text of Decision 13201
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
Claimant attending course every day of week. A telephone number with the word secretary and newspaper does not convince me that she telephoned and actively sought an interview. This information could have been copied from the want ads of any newspaper.
Decision 12563
Full Text of Decision 12563
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
Active search does not mean predetermined number of job applications. Not sufficient to read newspapers, register at CEC, wait for interesting job to be brought to attention, or to state repeatedly that one is available. [pp. 5-6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
| availability for work |
restrictions |
in several respects |
|
Decision 17033
Full Text of Decision 17033
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
The Act does not indicate a required number and type of applications or required format for job search records. A Board is considered to err when it requires dates and addresses (CUB 12606). The real issue is whether one had a sincere desire to work andmade reasonable efforts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
control of working hours |
|
|
| week of unemployment |
elected representatives |
|
|
| availability for work |
job search |
number of contacts |
|
| earnings |
income |
elected or appointed representative |
|
Decision 15260
Full Text of Decision 15260
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
He provided an extensive list of restaurants where he allegedly applied for work, but this list is worthless being merely a listing of names of restaurants with no indication of dates, who he contacted, or the results.
Decision 15048
Full Text of Decision 15048
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
Without doubting claimant's credibility, this list of job searches for all practical purposes is worthless as it merely lists names of businesses, without indicating address, dates of enquiries or person contacted.
Decision 15033
Full Text of Decision 15033
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
The job search information lacks mention of date and time when claimant alleged to have approached potential employers. Rightly accorded little weight, especially at a later date, since they cannot easily be objectively verified. Credible oral testimonymay add weight.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
assess credibility |
duty |
Decision 14874
Full Text of Decision 14874
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
Contradictory statements on file and then added a job search list. The list is nothing more than a list of names, addresses and telephone numbers of medical centres. Nothing to indicate when centres actually contacted if at all and who was contacted.
Decision 14576
Full Text of Decision 14576
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
The exact number and type of applications that must be made and the specific format for claimant's record of job searches are nowhere indicated in the legislation. The real issue is whether claimant had evinced a sincere desire to work and made reasonable efforts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
evidence new |
|
| board of referees |
errors in law |
meaning of a term |
|
| availability for work |
job search |
how to search |
|
| board of referees |
right to be heard |
employer |
|
| availability for work |
job search |
number of contacts |
|
| board of referees |
errors in law |
availability concept |
|
Decision 12606
Full Text of Decision 12606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
Job search list ignored by Board simply because it was incomplete as to dates, persons contacted and addresses. Error in law. No such requirement in legislation. The Board should have made its own decision as to whether claimant's availability was proven.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
availability concept |
|
Decision 72138
Full Text of Decision 72138
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
The claimant failed to prove he was unemployed and available for work: availability under S. 18 of the ACT. The BOR also finds as fact that although the claimant states that he did not help in setting up the business, nor help with the cleaning and the painting during business hours Monday to Friday we do not finds this credible. Also, that it is not reasonable to invest such a huge amount of money into a business, and then rely on someone else to oversee the business, while the claimant would continue to look for work. The Board finds as fact that the claimant was spending time and energy setting up his business to be self employed and this was his main intention. The BOR also finds that the claimant conducted a minimal job search. The Umpire confirms the BOR decision and the appeal of the claimant is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
| week of unemployment |
preparatory activities in commencing business |
|
|
| week of unemployment |
availability for work |
|
|
Decision 41172
Full Text of Decision 41172
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Clmt, part owner of a Dairy Queen, declared having actively looked work while waiting for the opening of the restaurant. She applied for 2 jobs in the field of accounting and was willing to work outside of the Dairy Queen if it paid more. Umpire ruled that clmt restricted her job search to such degree that she rendered herself unavailable for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
|
| availability for work |
restrictions |
type of work |
|
Decision 39871
Full Text of Decision 39871
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Unwillingness to include other employers in job search or only willing to work when husband is off duty shows that a claimant is not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
hours of work |
|
| availability for work |
incompatible situations |
family obligations |
|
Decision 25668
Full Text of Decision 25668
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
During a period of unemployment in a community such as Prince George, B.C., a claimant should not be expected to devote full time to a job search. It is critical that there be evidence of a significant and continuing job search; it is to ask too much to expect that search be a full-time undertaking.
Decision 18014
Full Text of Decision 18014
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Reasonable and customary efforts would have required something more of him than to merely check the UIC board once a week and apply for 1 job in a 4-month period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
|
Decision 17033
Full Text of Decision 17033
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
The Act does not indicate a required number and type of applications or required format for job search records. A Board is considered to err when it requires dates and addresses (CUB 12606). The real issue is whether one had a sincere desire to work andmade reasonable efforts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
control of working hours |
|
|
| week of unemployment |
elected representatives |
|
|
| availability for work |
job search |
incomplete information |
|
| earnings |
income |
elected or appointed representative |
|
Decision 17020
Full Text of Decision 17020
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Last employed at McDonald's. On UI for 4 months. Was requested to fill out job search questionnaire. 4 contacts in one month. It is noted that the Act does not indicate a required number. I do not feel that claimant has made reasonable efforts or shown a sincere desire to work.
Decision 15006
Full Text of Decision 15006
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Neither the act nor case law provide a specific number of searches. The question has to be examined objectively in accordance with the intentions shown by the efforts made, in accordance with the chance of obtaining the work sought in the desired region, and the length of unemployment.
Decision 14576
Full Text of Decision 14576
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
The exact number and type of applications that must be made and the specific format for claimant's record of job searches are nowhere indicated in the legislation. The real issue is whether claimant had evinced a sincere desire to work and made reasonable efforts.
I reiterate that the question is to be decided on an individual basis and not to be prejudged by any rule of thumb dictating acceptable job search activity when there exists no such standard in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
| board of referees |
jurisdiction |
evidence new |
|
| board of referees |
errors in law |
meaning of a term |
|
| availability for work |
job search |
how to search |
|
| board of referees |
right to be heard |
employer |
|
| board of referees |
errors in law |
availability concept |
|
Decision 13215
Full Text of Decision 13215
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
There is no obligation for a claimant to make a fixed number of job searches. Cited CUB-5830. Context: hockey player who attended selection camp.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
selection contest |
|
Decision 12830
Full Text of Decision 12830
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
6 or 7 employer contacts in 10 to 11 months is not an indication of genuinely looking for work.
Decision 12073
Full Text of Decision 12073
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
The Commission was right to argue and the Board to accept the argument that by no stretch of the imagination could 4 contacts (3 by phone and 1 in person) during a 3-month period be considered to be reasonable and customary efforts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 11895
Full Text of Decision 11895
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Claimant said she should have been given time during which to find employment in teaching. That is a well established principle and one I would have possibly applied had she actually attempted to find work but she contacted one employer only in 13 weeks.
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 |
job search |
reliance on others |
|
| availability for work |
restrictions |
labour market information |
|
| availability for work |
job search |
as a useless act |
|
Decision 11770
Full Text of Decision 11770
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
Police officer retiring and stating he was available in another field. Two job searches during 5 weeks following termination of employment. Seems to me that board was too demanding for these first weeks.
Decision 64656
Full Text of Decision 64656
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The case law is clear that, to be entitled to benefits, a claimant must seek employment and not merely wait to be recalled to work.
Decision 52534
Full Text of Decision 52534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant had been dismissed and devoted his time and energy to pursuing reparation with his previous employer, ie to get his job back. Found not available for work since he was not seeking employment. Umpire relied on previous FCA decisions in Faucher (A-0056.96) and Fortin (A-0885.97) and held that claimant had failed to demonstrate that he was available for work.
Decision A-0474.97
Full Text of Decision A-0474.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant laid off early April 1995. Recall date: 1-07-95. Claimant was recalled f/t on 16-10-95 but went back to work for his employer on a p/t basis on 29-05-95. Claimant's position was that he did not have to look for work because he had a recall date in July. Claimant disentitled for non-availability. Decision upheld by BOR and Umpire. In light of the circumstances of the file, case ordered by FCA to be returned to the BOR for reconsideration.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Decision 40393
Full Text of Decision 40393
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Clmt refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. He alleged that he had demonstrated his availability by presenting a list that was not specific in terms of dates and interviews. Umpire found that the clmt was keeping himself available for a single employer who, at the time, had no work to offer him.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
prospect of other work |
|
|
| board of referees |
natural justice |
free of bias |
|
| availability for work |
applicability |
relation with refusal of work |
|
Decision 35661
Full Text of Decision 35661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The availability of a claimant must be shown by a real and active job search. In this case, the claimant clearly indicated that he had not searched for a job and had no intention of doing so, since he expected to be recalled to work by his father-in-law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
applicability |
definition |
|
Decision 27841A
Full Text of Decision 27841A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant was "on-call" and not looking for employment; did not want to jeopardize his p/t job or the opportunity to return f/t. Relying on FCA in Cornellissen-O'Neill (A-652-93), Umpire stated that the law of availability is clear, strict and definite and found claimant not available for employment.
Decision 25144
Full Text of Decision 25144
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant said that she was not looking for work because she expected to get her previous job back in the near future pending the outcome of her grievance hearing. She won her grievance and was back to work after two months. Held that the Board's decision was based on credibility.
Decision 23243
Full Text of Decision 23243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
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 |
incompatible situations |
good reasons |
|
| 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 |
job search |
recall or other probable employment |
|
Summary:
As stated in CUB 13957, the Act is quite clear that a claimant must establish his availability for work, and that requires a job search. This requirement is not removed if the period of unemployment is a short one, no matter how little chance of success a claimant may feel a job search would have.
Teacher who ceased work 22-6-90. Not looking for work thereafter, having new employment elsewhere to commence 1-9-90. Having secured a job to commence in 7 weeks, not necessary to maintain a job search, said the Umpire. Error in law. Ss. 14(a) not to be ignored, whatever the extenuating circumstances.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
| availability for work |
incompatible situations |
good reasons |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision 23283
Full Text of Decision 23283
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Refer to: A-0672.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
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 |
job search |
recall or other probable employment |
|
Summary:
Is on call with CN; has been 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 |
courses |
pattern study-work simultaneously |
|
Decision 21724
Full Text of Decision 21724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
As she was to be called back, she declared herself to be non-available in the meantime; the constant jurisprudence is to the effect that when a person is subject to being called back, she must be granted reasonable time. The 2 months gone by here constitute reasonable time.
Decision 21239
Full Text of Decision 21239
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
A person is entitled to wait for a recall for a reasonable period of time. After, he or she must begin to seek work elsewhere. Also, a claimant on temporary lay-off awaiting imminent recall, need not prove an active job search if the best chances for work is the recall.
Decision 21160
Full Text of Decision 21160
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
A claimant on temporary lay-off awaiting imminent recall need not prove an active job search if the best chance for employment is the recall. In light of this, I am of the opinion that the Board erred in finding that claimant did not search for alternative employment.
Decision 20849
Full Text of Decision 20849
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant's position was that he was not prepared to accept temporary work while waiting to be recalled by his former employer. The law is quite clear that a person seeking UI benefits cannot receive them if he is simply awaiting recall and not looking for work.
Decision 18166A
Full Text of Decision 18166A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Seasonal layoff expected to last 7 weeks. Claimant initially said he was not available until recalled. Disentitlement terminated after 1 month. It is argued that a decision should have been issued shortly under ss.39(3) and he would have made himself available sooner.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Decision 19911
Full Text of Decision 19911
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Secured work to commence 23-1. Available from 13-11 upon termination of course. Many CUBs hold that one is entitled to wait for recall for a reasonable period of time even without looking for other work. Reasonable to tell prospective employers he wouldonly remain until 23-1.
Decision 19210
Full Text of Decision 19210
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Chambermaid with hotel for 10 years. Waiting for recall and not seeking other work during the 2-month winter layoff, while on call and working some weekends. There is considerable jurisprudence that waiting for recall in such cases is the most probable avenue to suitable work.
Decision S-0337.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off 14-8. When interviewed 28-10, he was not ready to work elsewhere. Expected recall 2-12. He changed his mind 25-10 because recall delayed until 21-12. The disentitlement from 28-10 was perfectly legitimate but is lifted as of 25-11. Upheld by FC. Leave to appeal denied by SC.
Decision 14866B
Full Text of Decision 14866B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
When recall will take a long time, one must seek temporary work outside the usual line of work. UI is not intended to support one who is awaiting for a recall and who makes only a minimal job search in the interim.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
| availability for work |
job search |
as a requirement |
|
Decision 17603
Full Text of Decision 17603
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
If one intends to await definite recall which will take a long time, he must seek temporary work outside the normal line while waiting. Unreasonable to allow one to just sit back and wait for 2 months. UI not intended to support one waiting for recall with minimal job search.
Decision 17593
Full Text of Decision 17593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
UI is not intended to support a person who is awaiting recall to work who makes only a minimal job search in the interim. However, the jurisprudence also recognizes that one is entitled to look upon a promised recall as the best avenue to suitable work for a reasonable period.
Decision 17592
Full Text of Decision 17592
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Disentitled after 5 weeks. If one intends to await a definite recall, which will take a long time, she must seek temporary work while waiting. One is entitled to await recall for a reasonable time. To choose to sit and wait for a recall for 4 months is unreasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
hours of work |
|
Decision 17499
Full Text of Decision 17499
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Alcan employee disentitled because unwilling to accept temporary work pending recall. Expected recall in January but no definite date given at time of lay-off on 11-12.
Decision 16505
Full Text of Decision 16505
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Driller earning $17 an hour laid off due to spring break-up for an undetermined period of time but assured of a recall. Available as labourer at $12 an hour. Reasonable period to be allowed: 6 weeks as of the date of his entitlement.
Decision A-0337.89
Full Text of Decision A-0337.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off 14-8. When interviewed 28-10, he was not ready to work elsewhere. Expected recall 2-12. He changed his mind 25-10 because recall delayed until 21-12. The disentitlement from 28-10 was perfectly legitimate but is lifted as of 25-11. Upheld by FC. Leave to appeal denied by SC.
Decision 15963
Full Text of Decision 15963
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off in 11-87. Disentitled from the end of 5-88 because no longer seeking work pending recall in June. Proper finding of fact by Board. One could very easily assume that because her employment was about to commence, no serious effort was being made to find other work.
Decision 14866A
Full Text of Decision 14866A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off due to shortage of work on 11-10. Claim filed on 2-11. Claimant says he is not looking for work as he was planning on returning to his job in January. Other work not suitable due to back problems.
Decision 15337
Full Text of Decision 15337
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Did not want to work immediately: had to be recalled. No reasonable time to be given since recall was not possible immediately. Warning was not necessary. No search for employment. The Act does not seek to compensate an insured person for 3 months who was simply waiting to be recalled.
Decision 15270
Full Text of Decision 15270
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Unwilling to accept temporary work pending recall. He said later he would accept part-time work. It is the obligation of claimant to show that suitable work was not available. The most effective way of proving this is through convincing evidence of an active job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 15085
Full Text of Decision 15085
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
It is easy to understand that a woman who has been working in the dressmaking industry for 32 years and is used to slowdowns lasting a few months every year, might find it difficult to realize that she must remain available during the slack periods. But that is the law.
Decision 14797
Full Text of Decision 14797
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Teacher laid off 27-6. Everyone has the right to seek employment in usual field for a reasonable period. If employment to be resumed at a fixed date, the period should be directly proportional to that of layoff. Must be shorter here than usual 8 weeks allowed.
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 |
issue not recognized |
error by board |
|
| teaching |
availability for work |
summer months |
|
Decision 14685
Full Text of Decision 14685
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Only temporary work available would have been farm work. Claimant not in physical condition to undertake such work. Claimant was not to go through the form of a futile search for temporary employment for 2-3 weeks prior to the recall.
The Board believes that no matter what the circumstances claimant must be searching for work. I accept CUB 5085 that one is entitled for a reasonable period to look upon promised recall as most probable avenue of work. Job search not automatically required regardless of recall.
Decision 14621
Full Text of Decision 14621
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Expected layoff to last 3 weeks and she saw no reason why she should seek employment elsewhere. It lasted 7 weeks. In the case of a layoff, even for a short period, claimant must not only be ready to work but must actively seek work. Remoteness of prospect not enough.
Decision 14554
Full Text of Decision 14554
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Nurse with 17 years of seniority including 5 on call. The fact that she has experienced very short periods of unemployment and that she returned to the job being sought in the short-term constitutes the most eloquent evidence of availability.
Nurse with 17 years seniority. It is quite normal that she wishes to protect her vested rights. Keeping a promise of recall as the most probably way of obtaining work in the short-term does not make one unavailable. Entitled to a reasonable delay.
Decision 14459
Full Text of Decision 14459
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The jurisprudence relating to claimants who are laid off, indicates that a claimant is entitled to rely on that recall as the most promising avenue for re-employment, but one must still be available and seeking employment. Contacted 2 employers only.
Decision 13234
Full Text of Decision 13234
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The claimant had been accustomed to layoffs and after a very short period of time being recalled to work. Therefore, (when making her claim), she stated that she was not looking for work, that she would be called back.
Decision 11614A
Full Text of Decision 11614A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
An individual who is laid off has 3 choices: (1) await recall; (2) seek short-term employment; (3) seek alternate permanent full-time employment. If he chooses (1) instead of (3), he cannot claim benefits except for a short period as determined by the circumstances.
The claimant would apply for full-time employment but he would tell prospective employers that he was expecting a recall. He was in fact making himself available to work only until a recall came. That is restricting oneself to temporary employment.
Jurisprudence indicates that the most prudent course of action may be to rely on a recall. The length of time to be allowed will vary. The 5 months in this case where there is no firm date of recall was generous in the extreme.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
Decision 14866B
Full Text of Decision 14866B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
Availability is a question of fact. It is essential for a claimant to actively seek work; passive research or reliance on others to find work are not sufficient (CUB 12563). Very little evidence of a job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
job search |
recall or other probable employment |
|
Decision 12609
Full Text of Decision 12609
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
During a 4-month period the claimant had only contacted 2 employers. The fact that residents of Alert Bay area in B.C. were aware that she was unemployed and looking for work is not sufficient. It was open to the Board to decide that she failed to proveavailability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Decision 12563
Full Text of Decision 12563
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
Active search does not mean predetermined number of job applications. Not sufficient to read newspapers, register at CEC, wait for interesting job to be brought to attention, or to state repeatedly that one is available. [pp. 5-6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
| availability for work |
job search |
how to search |
|
Decision 12041
Full Text of Decision 12041
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
A claimant cannot rely up on others to find employment for him. It is incumbent upon him to find suitable employment and proper diligence in seeking work must be shown.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| availability for work |
restrictions |
type of work |
|
| availability for work |
restrictions |
in several respects |
|
| availability for work |
applicability |
necessary conditions |
|
Decision 11895
Full Text of Decision 11895
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
It is the claimant's responsibility to establish by a preponderance of evidence that her search has been a reasonable one. It cannot be met by waiting for the authorities to keep her informed of job opportunities nor will mere registration at CEC suffice.
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 |
restrictions |
labour market information |
|
| availability for work |
job search |
as a useless act |
|
| availability for work |
job search |
number of contacts |
|
Decision 11000
Full Text of Decision 11000
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
Summary:
Availability presupposes a sincere desire to work, personal efforts and conditions not unduly restrictive. It is incumbent upon claimant to find suitable employment, and he cannot rely on others to find it for him.
Decision 24997
Full Text of Decision 24997
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
union hiring hall |
|
Summary:
Here is a claimant who registers with the Commission, claims to be available but disappears for a period of 49 days. Letters go unanswered, and he simply cannot be located. The argument that all hiring is done through the Union Hall and that this is valid for the first 16 weeks was dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
personal reasons |
|
Decision 26880
Full Text of Decision 26880
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Refer to: A-0134.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision A-0134.95
Full Text of Decision A-0134.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
While the umpire can only confirm the Board's decision, he cannot simultaneously recognize that the claimant has a right to benefits because prior notice of the consequences of his disentitlement had not been given. Confirms the position of the FCA in Stolniuk (A-686-93).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision A-0686.93
Full Text of Decision A-0686.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
The personal circumstances of a claimant may have changed since she/he became unemployed and, indeed, the mere extension of the unemployment period may require a claimant to change his or her attitude and efforts. In all those cases, a warning by the Commission is obviously desirable and well-founded.**Parliament has clearly established in s. 14 that a claimant must be available in order to be entitled to benefits. It would be contradicting the will of Parliament to decide that, although claimant was definitely not available, she/he is nevertheless entitled to UI (due to lack of warning by CEIC).**I am quite aware that the Commission, in many cases, gives the claimant a warning that she/he must expand his or her job search. I never understood that a general policy of warning had been adopted for all cases of unavailability. There would be no justification whatsoever for such a general policy.**The failure of the Commission to follow its policy and send a warning to a claimant before giving effect to his or her unavailability cannot create a right under the UI Act. Once the Umpire was satisfied that the finding of unavailability was well-founded, he could do nothing but confirm the decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
| teaching |
availability for work |
restriction |
substitute |
Decision 23391
Full Text of Decision 23391
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Refer to: A-0686.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
| teaching |
availability for work |
restriction |
substitute |
Decision 23426
Full Text of Decision 23426
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Claimant disentitled upon filing her claim. In my view, the failure of the Board to consider the Commission's responsibility to warn the claimant if it considered her job search too narrow before deciding she was disentitled to benefits constitutes an error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 22834
Full Text of Decision 22834
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
He must not only be given a reasonable amount of time to find work before being disentitled (pattern of work while studying), but he must also be given 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 |
courses |
pattern study-work simultaneously |
|
Decision 20316
Full Text of Decision 20316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Jurisprudence is not uniform on this matter of notice. One recognizes the "fairness" doctrine whereas the other finds that "nothing in the Act forces CEIC to do it". I am of the opinion that the principles of natural justice and equity compel this notice.
Work history of 7 years part-time work; 5-month period granted to search for similar job. Found not eligible on 29-3 retroactively to 5-3. Should have been informed beforehand that the restrictions were not acceptable any further; a 4-week delay is granted.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 19338
Full Text of Decision 19338
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
CUB 15771 states that this warning is not required by the Act, but by simple principles of fairness: if the conditions entitling one to benefits are going to change, one is entitled to know and be given a reasonable opportunity to bring himself within the new conditions.
Decision 19225
Full Text of Decision 19225
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
A distinction must be made between the claimant who, having unsuccessfully searched for a job in his particular sphere of competence for a number of weeks, must broaden the scope of his search, and a claimant who places restrictions considered unacceptable at the beginning of his benefit claim.
Decision 19058
Full Text of Decision 19058
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
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 |
courses |
pattern study-work simultaneously |
|
Decision 18330
Full Text of Decision 18330
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
It may be noted that a warning to the claimant that benefits may be suspended because of non-availability is not mandatory in cases where the claimant has admitted to not actively searching for employment, according to CUB 17482.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
Decision 18205
Full Text of Decision 18205
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Left when part-time job became full-time. Still restricts herself to part-time after 7 months. The Board did not give adequate attention to the legal requirement now recognized in jurisprudence. A period of 4 weeks following the Notice of Disentitlementwould have been adequate.
Decision 18180
Full Text of Decision 18180
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
If properly disentitled because she moved to Tumbler Ridge, a warning would serve no purpose and I cannot think it would be necessary, because the only way of re-entitling herself to UI would be for her to move out of there. This hardly seems a likely course of action for her.
Decision 18130
Full Text of Decision 18130
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
The issue for the Board to decide is whether she had been given any reasonable warning that she must broaden her job search. It may then wish to consider, since the notice of 27-2-89 must at least be regarded as a warning, what period thereafter would be reasonable to allow.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
reason for existence of boards |
|
Decision 18112
Full Text of Decision 18112
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Disentitlement made effective 29-8, the date of the notice, rather than 7-8. It is now well established that claimants who are in receipt of benefits should receive a warning when they have persisted in restricting their job search for too long.
Decision 18088
Full Text of Decision 18088
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
If this was the basis of the decision, i.e. that claimant must seek full-time work, it is unfair to her to impose such a condition without notice and retroactively, after she has been on UI with approval of the CEIC for sometime. Entitled to prior notice and time to adjust.
Decision 18042
Full Text of Decision 18042
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
There is ample jurisprudence that, where the CEIC has paid benefits to one for a period of time in acceptance of the conditions which she was placing on her job searches, that she should be warned that those conditions are no longer acceptable before a disentitlement is imposed.
Decision 17928
Full Text of Decision 17928
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Taking a course in the afternoon. Available in the morning, evening and weekend. Disentitled after 7 months due to these restrictions. There is a duty of fairness on the Commission to provide one with some notice. A 4-week period is allowed to reflect an appropriate notice.
Decision 17786
Full Text of Decision 17786
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Based on CUBs 17292 and 15771, the date of disentitlement must be changed to reflect the date claimant was first made aware of her undue restriction. Notice sent in 12-87 was retroactive to 3-87. Allowing for a brief notice period, disentitlement beginsend of 12-87.
Decision 17690
Full Text of Decision 17690
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
This doctrine must be applied to the specific facts of the dispute. It cannot become a fixed, immutable and invariable rule or reduced to just a mathematical formula regardless of the circumstances.
Decision 17509
Full Text of Decision 17509
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Claimant argues to have been told only that her restriction "might" affect her claim when she should have been told that it "would". This has no merit. It is clear she was warned on 2 occasions and that she persisted in the same conduct. The warnings could not have been clearer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
type of work |
|
Decision 17482
Full Text of Decision 17482
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Normally claimant should receive notice from CEIC before payment of benefits suspended but only if efforts made to find work; otherwise, what is the point of a notice? None.
Decision 17479
Full Text of Decision 17479
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
I agree with the principle that a claimant making an effort to find a job in his own area for a reasonable salary should receive a notice concerning the restrictions imposed before payment of benefits is suspended.
Decision 17051
Full Text of Decision 17051
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Jurisprudence has required that claimants should receive a warning when they have persisted in restricting their job search too much for too long. Not required by legislation but by simple fairness. Reasonable opportunity to be given to bring one withinthe new conditions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Decision 17065
Full Text of Decision 17065
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
On call worker who refused shifts due to illness of children and lack of transportation. Not provided with time to arrange alternative transportation. It has been held one should be given reasonable opportunity to rectify situation. 4 weeks are allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
transportation difficulties |
|
| availability for work |
incompatible situations |
good reasons |
|
Decision 17016
Full Text of Decision 17016
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Truck driver who left Coquitlam to relocate to a rural area. Disentitled after 21 weeks. Fairness requires that a person who is presumably conducting an adequate job search must be given some warning and an opportunity to change his situation. 3 more weeks allowed.
Decision 16998
Full Text of Decision 16998
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Disentitled 22 weeks after moving to a small town. Fairness requires that one who is presumably conducting an adequate job search must be given some warning. No such warning here. One must be given a reasonable opportunity to change her situation. 6 more weeks allowed.
Decision 16915
Full Text of Decision 16915
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Disentitled after 4 months: too restrictive. She was not given any warning. When she got a notice of disentitlement, she broadened her availability. She should have been given a 4-week period to remove restrictions. Error in law in not considering absence of warning.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
availability concept |
|
Decision 16859
Full Text of Decision 16859
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
I do not suggest that Commission staff should guide claimants by the hand through the maze of statute and regulations so they do not inadvertently fall into traps. But there is danger that the Commission might be perceived as playing a cat and mouse game with the unknowledgeable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
correction to consider |
|
| availability for work |
restrictions |
hours of work |
|
| board of referees |
issue not recognized |
second notice found valid |
|
Decision 16823
Full Text of Decision 16823
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Principles of fairness breached when Commission retroactively disentitles for reason that the search is too restrictive when one may have been led to believe the search was adequate. In those circumstances, a warning is required. Disentitlement applies from date of notice.
Decision 16812
Full Text of Decision 16812
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
UI paid for 7 months before it was terminated for restricted availability. Claimant was aware she would eventually have to broaden her search but was not told immediately before the time was up. I have decided to reduce the disentitlement, but not eliminate it, from 9 to 4 weeks.
Decision 13001A
Full Text of Decision 13001A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Inadequate search for employment: 1 in 11 months. Notice dated 6-6 took effect 27-5. Case law requires that CEIC warn insured before suspending benefit for that reason. This was not done. I therefore move date of disentitlement to 6-6.
Decision 16677
Full Text of Decision 16677
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
I am concerned that recent jurisprudence requiring that claimants be warned of disentitlement unless the job search is broadened was not considered. But as claimant's availability is definitely restrictive, the decision should not be retroactive and is varied accordingly.
Decision 16359
Full Text of Decision 16359
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
I reject the argument of the insured to the effect that the CEIC has an obligation, before declaring ineligibility, to advise the claimant of the fact that her requirements regarding salary and type of work are too stringent.
Decision 15869
Full Text of Decision 15869
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
As long as UI was being received she had every right to believe that she was entitled to continue to search for work in that field alone. She was disentitled just 5 days after she was notified to broaden her job search. She should have been given 5 weeks after the warning.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
or preferences |
|
| availability for work |
restrictions |
reasonable period of time |
|
Decision 15771
Full Text of Decision 15771
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Moved to a small town while on UI. Disentitled retroactively. Because of difficulty in determining what is a reasonable period, claimants should receive a warning from the CEIC when they have persisted in their restriction. Not required by legislation but by fairness.
Decision 15759
Full Text of Decision 15759
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Seasonal groundskeeper 15 years disentitled when making claim 23-11. Employment opportunities virtually nil. Reasonable period to be allowed as per jurisprudence. Also warning to be given prior to disentitlement. Reasonable time and no warning to be considered by Board.
Decision 15389
Full Text of Decision 15389
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Left his job for which he was paid $300 a week and then asked for $500. I agree with that principle (that the insured person must be warned when his or her demands are too high in accordance with CUB-12842 and 14708). No time period was given. An error in law. Entitled to 8 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
| availability for work |
restrictions |
wages or salary |
|
| board of referees |
errors in law |
availability concept |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 15223
Full Text of Decision 15223
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
When CEIC's actions are such as to lead one to believe that the restrictions are acceptable, a clear warning must be given that availability is to be broadened. The CEIC cannot, by its conduct, acquiesce in such restrictions and then later demand returnof benefits paid. [p. 6]
Disentitled to 10-86 in 1-87. Restriction to day work had existed since 8-86. Not warned at 10-86 interview that she had to broaden her availability. UI continued to be paid until 1-87. It is to avoid such situations that Umpires have held that a warning must be given. [p. 6]
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 |
incompatible situations |
leave requested |
|
Decision 14751
Full Text of Decision 14751
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Argument presented: CEIC should warn the insured if job search is insufficient or if there are too many restrictions and give him the chance to change attitude. This is a misunderstanding of the law. Proof required from the insured according to 14(a). CEIC is under no obligation to encourage him to change.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
labour market information |
|
Decision 14708
Full Text of Decision 14708
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Claimant took a French course and was advised 7 weeks later that she was not referred and she left. Fair treatment required that she be given both a warning and a reasonable opportunity to prove her availability by job search. Reasonable time would havebeen 4 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
negligence by Commission |
|
|
| board of referees |
right to be heard |
language to be used |
|
Decision 14701
Full Text of Decision 14701
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
A person who has been receiving UI and who is therefore presumably conducting an adequate job search must be given some warning before being cut for an inadequate search. Reasonable period to be allowed after warning. Here 4 weeks would have been proper.
Decision 14549
Full Text of Decision 14549
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
The Board erred in concluding that the work sought by claimant was unduly restrictive. The disentitlement having been imposed without any warning from the Commission and the absence of a job market survey are further reasons to grant the appeal. [last page]
Decision 14440
Full Text of Decision 14440
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Claimant should have been given a reasonable time at lower rate. It also seems she should have been warned that her wage expectation was too high.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
error by board |
|
Decision 14375
Full Text of Decision 14375
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Some question as to whether claimant had been given proper warning by Commission of the inadequacy of her job search. If she had not, that would not change her availability but might indicate hers was an appropriate case for write off of overpayment under reg. 60.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
reason for existence of boards |
|
| reconsideration of claim |
overpayment |
authority to write off |
|
Decision 12842
Full Text of Decision 12842
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Claimant was told that she could not use the word "prefer", so wrote the condition down as a restriction. Not proper to disentitle without first warning her that too restrictive a search may affect her right. If problem with claim, she has a right to bethe first to know.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
labour market information |
|
Decision 11101
Full Text of Decision 11101
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Available for evening work, no babysitter during the day. There is no doubt that the Commission should have informed her that she would not be entitled to benefits. [refusal of work at issue, not availability for work]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
rationale |
|
|
| refusal of work |
reasonable period of time |
|
|
| refusal of work |
babysitting arrangements |
|
|
Decision 10193
Full Text of Decision 10193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Summary:
Insured argued that CEIC obliged to inform claimant at end of the reasonable time allowed for seeking work that meets her requirements. Nothing in Act or Regulations that obliges CEIC to do so.
