Summary of Issue: Restrictions

Decision 77396 Full Text of Decision 77396

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions

Summary:

The claimant received sickness benefits and later informed the Commission that she was available for a gradual return to work. Instead of working 35 hours per week, her physician limited her to 30 hours a week until a certain date. The claimant was of the opinion that she was entitled to receive regular benefits because her hours were reduced. The Commission did not agree and refused to pay her benefits. The appeal by the claimant was dismissed by the Umpire.

Decision 27376 Full Text of Decision 27376

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	applicability

Summary:

Although a claimant is entitled to a moderate period of time in which to explore the labour market, self-imposed restrictions which are unduly limiting will affect her availability for employment and therefore her entitlement to benefits. CUB 18846 quoted.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work at home

Decision 73881 Full Text of Decision 73881

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	for a family member only

Summary:

The claimant filed an EI benefit claim and indicated that he worked as an in-ground swimming pool installer. The Commission investigation showed that he had never really been unemployed; the claimant was not able to contradict, because he continued to provide services to his spouse's company, his employer, during her company's slow periods, for a minimum of 40 hours a week. He reported not working but remaining available for work, knowing that he was working full time for his spouse's business. The claimant stated that working for his spouse was not really a job and that he was not interested in working other than in his spouse's business. The calmants appeal is dismissed.

Decision A-1472.92 Full Text of Decision A-1472.92

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

It is a well-established rule, and one imposed by the legislation as well as by the most common understanding of what a sincere desire to work may imply, that a claimant who imposes unreasonable restrictions regarding the type of work sought or the acceptable area fails to prove availability.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work
refusal of work	suitability	defined
board of referees	legislative authority	purpose of ui system
availability for work	applicability	definition
availability for work	restrictions	geographical area	after moving

Decision 21935 Full Text of Decision 21935

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Refer to: A-1472.92

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work
board of referees	legislative authority	purpose of ui system
refusal of work	suitability	defined
availability for work	applicability	definition
availability for work	restrictions	geographical area	after moving

Decision 19397 Full Text of Decision 19397

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Seasonal worker unemployed 2 months. Availability is not just a question of being available but includes this applied to an area within a reasonable distance from one's place of residence which distance must be enlarged as the time of unemployment continues to grow.

Decision 14026 Full Text of Decision 14026

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Left Barrie to move to Angus (12 miles). Public transportation available. A claimant who is limited to a remote area is allowed a reasonable period of time. This does not apply when a claimant is voluntarily limiting her search to a small centre when possible to commute.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	commuting	transportation difficulties

Decision 13859 Full Text of Decision 13859

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

It has long been held that when a person lives in a place where there is virtually no work s/he cannot be said to be available. They are expected to move. The significant factor is not that one has moved, but that they are located where there is no work. A person who lives in an area of limited employment, whether or not a longtime resident or someone who has just moved there must be willing to broaden their job search efforts and seek work in other centres as well.

Decision 13607 Full Text of Decision 13607

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Where the claimant is located in a small rural centre, it is sometimes very difficult to determine a fair test for availability. The principle is that one should be given a reasonable length of time.

Decision 13115 Full Text of Decision 13115

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Longer periods of time for exploring the labour market are normally allowable to persons regularly resident in areas of limited employment opportunities.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
board of referees	weight of statements	contradictory
availability for work	incompatible situations	good reasons
board of referees	errors in law	not applying jurisprudence

Decision 11787 Full Text of Decision 11787

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Summary:

Availability is a function not only of claimant's ability and willingness to work but also to accept work in an area where employment is likely to be available. He has complied with the requirement in the sense of personal capacity but not in the geographical sense.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Decision 21825 Full Text of Decision 21825

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Refer to: A-1485.92

Decision A-1485.92 Full Text of Decision A-1485.92

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Disentiled after 26 weeks. The present case falls squarely within the spousal exclusion in WHIFFEN. As in that case, claimant moved from Brandon, Man., to be with her husband whom she had recently married and whose residence and place of employment had been in Hudson Bay, Sask, for many years.

Decision 21935 Full Text of Decision 21935

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Refer to: A-1472.92

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
availability for work	restrictions	geographical area
availability for work	restrictions	type of work
board of referees	legislative authority	purpose of ui system
refusal of work	suitability	defined
availability for work	applicability	definition

Decision A-1472.92 Full Text of Decision A-1472.92

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

The application of the policy leads to treating differently a claimant newly arrive in a particular area and a claimant long-established there, but only the former has positively acted in such a way as to bring new limitations to his or her chances of re-employment. The wilful move of a claimant to an area where his or her chances of re-employment are diminished is certainly one circumstance that ought to be considered in assessing the reasonableness of the new geographical restrictions he or she is now forced to place on his or her re-employment. Amendment to s. 28 limits the policy. When a spouse, because the unity of the family is at issue, has practically no choice but to move with the other spouse, the move cannot be seen as a wilful restriction and the policy can have no application. Claimant is then to be treated like others in the area. I consider to be within the power of the Commission to take as a factor directly going to availability the wilful moving of a claimant from a centre of greater to lesser employment opportunity and then to give the claimant who so moves a certain period of time to explore the new labour market. The fact that the new location was significantly less advantageous for eventual re-employment will have to be established. The burden will lie on the Commission. Comparison between the two labour markets must be made with respect to the claimant's situation. Policy not to be applied automatically.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
availability for work	restrictions	geographical area
availability for work	restrictions	type of work
refusal of work	suitability	defined
board of referees	legislative authority	purpose of ui system
availability for work	applicability	definition

Decision A-0261.93 Full Text of Decision A-0261.93

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Claimant resigned from her job and moved from Vancouver to Sechelt to accompany her husband (who had obtained employment there) and their daughter. This case is one falling directly under the spousal exclusion referred to in WHIFFEN.

Decision A-1388.92 Full Text of Decision A-1388.92

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Many months after leaving his job for health reasons, claimant moved from Edmonton to 100 Mile House where he had a relative. Comparison between the labour markets had to be made with respect to claimant's situation. This was not done here. The policy was applied blindly. The fact that Edmonton was obviously a much larger labour centre than the 100 Mile House area was no compelling proof that the claimant's chances of re-employment were, in his particular circumstances, significantly reduced.

Decision A-0209.93 Full Text of Decision A-0209.93

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

A few months after her last day worked, claimant moved with her invalid husband. This is not a case falling under the spousal exclusion referred to in WHIFFEN since claimant did not move to follow her husband. It was a wilful decision on her part. but policy is not to be applied automatically as here.

Decision 22342 Full Text of Decision 22342

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Refer to: A-0209.93

Decision 21693 Full Text of Decision 21693

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Refer to: A-1388.92

Decision 22377 Full Text of Decision 22377

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Refer to: A-0261.93

Decision A-0878.82 Full Text of Decision A-0878.82

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Summary:

Left employment in Brantford, Ont. to move with husband to an Indian Reserve. No real employment opportunity. Loss of employment and difficulty in finding new employment for reasons entirely beyond control. Unable to say Umpire erred in fixing 2 months as reasonable time. As a matter of public policy, claimant's move (to accompany husband) must be regarded as one which she had no option but to make. This is more than good cause and personal reasons. Reasonable time to be allowed no matter how forlorn her chances of finding work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Decision 77467 Full Text of Decision 77467

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

The claimant had not proven her availability for work pursuant to paragraph 18(a) of the Employment Insurance Act. She did provide a medical document in March 2010 which acknowledged the claimant's history of chronic back issue/pain for approximately 5 years and that she is unable to lift more than 15kg. The BOR concluded the note would not have precluded availability to work. The claimant's appeal is dismissed by the Umpire.

Decision 76347 Full Text of Decision 76347

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

The claimant left her job because of child care responsibilities. With respect to her establishing that she was available for work after leaving her job, she indicated that she could only work evenings. The Commission denied benefits claiming she had not proven her availability due to family responsibilities. The Board finds that she tried to return to the labour market, but her hearing disability is a big hardship in communication. The Board concluded that the claimant failed to establish her availability as she put personal restrictions on her hours of work, she could only work from 2 pm until 10 pm. The appeal by the claimant is dismissed by the Umpire.

Decision A0322.09 Full Text of Decision A0322.09

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

The claimant received EI sickness benefits for the maximum period allowed under 12(3)c) of the EIA. She was later found disentitled to regular EI benefits because her condition rendered her incapable of working. Before the FCA, the claimant raised, for the first time, an incomplete s. 15 Charter claim. The FCA found that the claimant failed to put before the FCA a factual record upon which a determination of constitutionality could appropriately be made. One consequence of her failure to do so is that the AG was deprived of the opportunity to tender evidence regarding a justification of a potential breach of s. 15 under s. 1 of the Charter.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
proof	charter

Decision 29181 Full Text of Decision 29181

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

Permanent 25% disability; available 15 to 23 hours a week; disentitled after 5 months. Either he is then incapable of working, in which case he may apply for sickness benefits, or he is healthy enough to work full-time.

Decision 14284 Full Text of Decision 14284

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

Capable of work 3 days a week, so disentitled retroactively for 2 days each week in extended benefits. Overpayment of $864.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Decision 13710 Full Text of Decision 13710

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

Case turns on facts. Health in issue. Not available 2 days per week. Benefit paid 3 days per week.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Decision 11288 Full Text of Decision 11288

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

Medical evidence that claimant was able to perform only part-time work, and as he was already employed on a part-time basis, the Board properly determined that 14(a) was not satisfied.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Decision 08833 Full Text of Decision 08833

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Summary:

Held not available because she stated she will not work during the course of her physiotherapy (11:00 to 2:30, 3 days per week). This restriction severely restricts her chances of finding employment during normal business hours as she stated she will only work during the day.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Decision 75250 Full Text of Decision 75250

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

The claimant didn’t agree with the fact that he was not entitled to EI as he had failed to show his availability. The BOR declared that the availability is a question of fact, which should normally be disposed of on the basis of an assessment of the evidence. In this case, in view of the claimant's admission that he is looking only for a job that would keep him busy no more than two days a week during the week, it is obvious that the claimant is setting personal requirements that are unduly limiting his opportunities for work. The evidence in this case is no way satisfies the three tests established by the case law to assess availability: a sincere desire to return to the labour market; efforts to find work; and remaining free of personal requirements that could limit the opportunities for work. For these reasons, the Umpire find that the BOR did not err in fact or in law. The claimant's appeal is dismissed by the Umpire.

Decision A0512.07 Full Text of Decision A0512.07

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

The claimant is a full-time university student. He is only available for work during certain hours and days of the week. His chances of finding employment are therefore limited because of his restrictions. Thus, the Umpire did not commit any error when he determined that the claimant did not establish that he was available for work during his period of full-time studies. In addition, the FCA concluded that the claimant could not introduce new evidence because the pre-existing conditions necessary to introduce such evidence did not exist.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
reconsideration of claim	new facts	authority to reexamine
proof	charter

Decision 70869 Full Text of Decision 70869

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

The claimant requested and obtained leave without pay for a year to find a suitable solution for the care of her two children and specifically to take care her son who needed to see an occupational therapist two or three times a week. She indicated that her availability was restricted to between the hours of 10 a.m. and 3:30 p.m. because she had to ensure her son's safety and attend regular follow-up appointments at a rehabilitation centre. The BOR found that the claimant did not prove she was available for work as the Act requires. According to the Umpire, the evidence in the docket supports the finding that the claimant had not found a stable solution to her babysitter problem.

Decision A-0641.99 Full Text of Decision A-0641.99

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Eleven times, claimant refused to do split shifts as provided for in her collective agreement. Claimant deemed not available for those days. Decision reversed by BOR but again reversed by Umpire, who ruled that a collective agreement could not take precedence over the Act. In a brief decision, FCA set aside Umpire's decision, stating that Umpire had substituted own interpretation of the facts for that of BOR.

Decision 45766 Full Text of Decision 45766

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

See summary indexed under FCA A-0641.99

Decision 39871 Full Text of Decision 39871

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

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	incompatible situations	family obligations
availability for work	job search	number of contacts

Decision 37951 Full Text of Decision 37951

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Established that normal working hours are from 8 a.m. to 5 p.m. and that someone who claims to be available evenings and weekends fails to show the eligibility required by the legislation and case law.

Decision 22208 Full Text of Decision 22208

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Claimant was entitled for some time to seek work of the type lost (part-time, no night shifts). If such was not available and the CEIC gave her notice that she was, because of this, unduly restricting and she refused to broaden her job search, there would have been reason to disqualify her.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	issue not recognized	decision not to reconsider

Decision 17592 Full Text of Decision 17592

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Employed in a pizzeria for 6 years. Laid off for 4 months. Available from 9 a.m. to 4 p.m. because she had no babysitter in the evening. Refused 2 job orders for cooks. Disentitled after 5 weeks. Restrictions unreasonable in light of normal hours for pizza restaurants.

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 16859 Full Text of Decision 16859

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Claimant held unduly restrictive following childbirth. The Umpire took judicial notice that evening work for cleaning staff (in Toronto) is common. Further he noted that as per CUBs reasonable restrictions may be imposed for some time and claimants are entitled to some warning.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
board of referees	issue not recognized	correction to consider
availability for work	job search	warning before disentitlement
board of referees	issue not recognized	second notice found valid

Decision 15873 Full Text of Decision 15873

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Claimant registered as a recreational administrator and was offered work in this field. He refused because he did not want to work on weekends and interfere with his volunteer work. Normal working hours in his fields could be expected to include weekendwork.

Decision 14623 Full Text of Decision 14623

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Claim filed 6-6-86. Disentitled as of 7-9-86. Day-time janitorial worker looking for only day-time in London. Much easier to find evening and night work in this field. Day-time extremely scarce.

Decision 13831 Full Text of Decision 13831

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Nurse's aide formerly employed on shifts who was available only during the day. Should have given her reasonable period, which is fixed here at 2 months.

Decision 13527 Full Text of Decision 13527

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Factual case. There is no doubt that the claimant had been given a reasonable amount of time to find daytime hostess work (3 months) even though she amply demonstrated that such jobs exist.

Decision 12743 Full Text of Decision 12743

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Seeks work as a cashier. She can only work days, from 9 to 6, because of daughter at home. Normal hours are 7 to 4:30 or 4 to midnight. Previous job involved a variety of shift hours. Unemployed for 7 months.

Decision 12526 Full Text of Decision 12526

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Following childbirth, nurse available for 8-hour shifts in Castlegar and Nelson, B.C., where 12-hours shifts are the norm. Suitable employment is not confined to just what claimants like to restrict themselves to.

Decision 12118 Full Text of Decision 12118

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Jurisprudence has established that the claimant was entitled to a reasonable length of time to find employment in her field and which met her restriction of days hours only.

Decision 11973 Full Text of Decision 11973

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

Employed 20 weeks on evening shift from 3:30. Available to same extent. The legal meaning of availability recognizes that a person who has lost his employment through no fault of his own is entitled to a reasonable time to seek similar employment. Not considered by Board.

Decision 08833 Full Text of Decision 08833

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	hours of work

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

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	restrictions	hours of work

Summary:

Whether a person who is able to work only from 4:00 p.m. because she is unable to find a babysitter, should be considered available because she has made reasonable efforts to find a babysitter is at least partly a question of law. [p.12]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
refusal of work	babysitting arrangements
basic concepts	disqualification and disentitlement
availability for work	incompatible situations	good reasons
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 70961 Full Text of Decision 70961

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

The claimant quitted her job because her husband, a seasonal worker, was returning to work and she had to take a leave of absence to care for a special needs child. She had a very difficult situation with her child who had numerous instances of unacceptable behaviour. Even though she had just cause to quit her job under section 29(c) of the Act, it was still necessary for her to show that she was available for work during the period as that is a requirement to receive benefits under section 18(a) of the Act. According to the Umpire, the decision of the BOR is in conformity with the evidence and in conformity with the law. Even though there appears to be a conflict between section 29 and section 18 of the Act, there is a definite distinction. Section 29 provides for just cause for leaving your employment. Even though you have just cause for leaving your employment, in order to collect benefits you still have to show availability under section 18 of the Act.

Decision 13171 Full Text of Decision 13171

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

Jurisprudence has established that specific but reasonable restrictions may be imposed by a claimant on the employment he is willing to accept, but only for a reasonable period of time.

Decision 11614A Full Text of Decision 11614A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

One cannot restrict the jobs one is willing to take by placing unreasonable restrictions on the type of job, location, remuneration etc. which one is willing to accept.

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 12563 Full Text of Decision 12563

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

After reasonable period, must demonstrate willingness to abandon or reduce restrictions and preferences as to type of employment, salary and location, and expand search area to other fields and accessible regions. [p. 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	job search	how to search

Decision 12357 Full Text of Decision 12357

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

The short work week, the increased pay, the limited type of work and the restricted area all indicate that she was not interested in obtaining full-time work but she preferred to have a summer vacation.

Decision 12041 Full Text of Decision 12041

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

Unreasonable restrictions on the type of employment acceptable, the wages sought or the area of employment may lead to disentitlement.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
availability for work	applicability	rationale
availability for work	restrictions	type of work
availability for work	applicability	necessary conditions
availability for work	job search	reliance on others

Decision 10915 Full Text of Decision 10915

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	in several respects

Summary:

After 7 years, left part-time evening employment as nurse because of teen-agers at home. Declared disentitled after 4 months. Numerous requirements that only former employer could meet but did not have enough seniority.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	incompatible situations	family obligations
availability for work	applicability	proof

Decision 18846 Full Text of Decision 18846

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

The claimant may impose restrictions on the type of employment desired, but in order to demonstrate availability she must prove that there are reasonable prospects of finding that type of employment in the existing labour market (CUBs 17786 and 17982).

Decision 18824 Full Text of Decision 18824

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Availability presupposes a sincere desire and personal efforts to find work without unduly restrictive conditions. One's intentions may indicate whether he had a sincere desire to work and if he imposes conditions the CEIC must establish they are unreasonable before disentitling.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada
availability for work	applicability	definition

Decision 17387 Full Text of Decision 17387

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Millwright who, after 8 months, would not accept less than union rate. Restrictions may be imposed but, in order to demonstrate continued availability, one must show that there are reasonable prospects of finding work of this restrictive nature in the existing labour market.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Decision 13363A Full Text of Decision 13363A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Prior to disentitling a claimant, the Commission must prove that self-imposed restrictions are unreasonable. [p. 6]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	applicability	definition

Decision 15065 Full Text of Decision 15065

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Cashier available in Montreal for evening and night work because of family responsibilities. Opinion of CEIC (little chance) based on no market survey. Not only was there no evidence indicating that no possibilities existed, but a reasonable time period was not given.

Decision 14751 Full Text of Decision 14751

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

According to the insured, the simple opinion of an employment counsellor has little conclusive value; CEIC should provide statistics or more substantive evidence. Untenable argument. After 7 months of job seeking, if he has done so, the insured is capable of realizing this. [p. 3]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 14130 Full Text of Decision 14130

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Assuming that she could only get to Selkirk, the Commission has not provided any labour market evidence that there was no suitable employment there. If there was any at all, then the Commission should have allowed her a reasonable time.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
misconduct	absences from work

Decision 12851 Full Text of Decision 12851

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

Further information required as to exactly on what basis a decision was made that there are limited employment opportunities in the stated area, what criteria were used, how the concept is defined with respect to various occupations and geographical areas.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
umpires	judgment in written form	a requirement

Decision 12842 Full Text of Decision 12842

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

It is well established that a Commission allegation of non-availability must be supported by labour market information showing few or no chances of employment with the restriction. No such evidence here . [p. 5]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 12831 Full Text of Decision 12831

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

The CEIC has not really satisfied the onus of proving that she was unavailable. Was her job search inadequate? What were the chances of obtaining work at those hours? It is not sufficient to obtain labour market information that claimant may be restricting her chances of work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	as a requirement
board of referees	constitution of board	quorum

Decision 11895 Full Text of Decision 11895

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Summary:

A question of fact to be examined and weighed by taking into account not only claimant's intentions, but also the number and frequency of employment opportunities in type of occupation claimant is capable of undertaking and willing to do in the area where he wants to be employed.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
board of referees	legislative authority	purpose of ui system
availability for work	job search	reliance on others
availability for work	job search	as a useless act
availability for work	job search	number of contacts

Decision A-0168.93 Full Text of Decision A-0168.93

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	language at work

Summary:

Left her job in Vancouver to relocate in Quebec City with her husband. Attends a course of French for nonfrancophones in university to become employable. As claimant clearly stated that she was not available while taking her language course, the Umpire erred in determining that she was qualified to receive benefits.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	courses	onus of proof

Decision 22258 Full Text of Decision 22258

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	language at work

Summary:

Refer to: A-0168.93

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	courses	onus of proof

Decision 17550 Full Text of Decision 17550

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	language at work

Summary:

Declared not available after quitting because she wants to work in English without knowing English. Looked for work as such before quitting and continued to do so; was not able to find any work as she does not know that language. That indicates her availability.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	new employment	not definite

Decision 15869 Full Text of Decision 15869

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	or preferences

Summary:

For example, if the Board felt that the claimant merely had a preference for teaching positions as opposed to a real job restriction, then the claimant is not considered unavailable for work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement
availability for work	restrictions	reasonable period of time

Decision 14876 Full Text of Decision 14876

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	or preferences

Summary:

The question "What hours per day and days per week are you prepared to work?" might better be framed so as to ask claimants during what hours and days they are not prepared to work. This could truly elicit answers which show restrictions. [p. 7]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
board of referees	right to be heard	improper hearing
availability for work	job search	effective date
board of referees	weight of statements	contradictory
board of referees	weight of statements	clarification

Decision 13870 Full Text of Decision 13870

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	or preferences

Summary:

Claimant seeks to minimize his answers as merely a "check off in a box". While I accept that that may be the case, the answer was reinforced by his explanations in his own words that he would not take temporary employment pending recall.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Decision 76450 Full Text of Decision 76450

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

The claimant indicated that she had worked as a student monitor for 11 years and worked from 10 to 25 hours a week. She could not search for another job because she worked every day. She did not want to leave her employment for a full-time job. She added that she did not look for employment after her benefit period was established, given that she would be returning to her employer in September. The claimant has not shown her availability for work and is disentitled from benefits as of October 19. 2009. In her notice of appeal to the BOR, she added that her worked suited her health and that she did not want to search for another job. The BOR reviewed the evidence and allowed the claimant's appeal. On appeal from the BOR' decision, the Commission argued that the Board erred in fact and in law. The unequivocal evidence in the docket showed that the claimant intended to keep her part-time job. Consequently, the Commission's appeal is allowed by the Umpire. The Board's decision is rescinded and the Commission's decision is upheld.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Decision 42533 Full Text of Decision 42533

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Clmt quit her full time job to take care of her child during the day and was available for part-time work during the evening and on weekends. Umpire stated that in lights of the clmt's recent history of full-time employment, she has placed restrictions on her availability for work which limit her possibilities of obtaining full time employment.

Decision 22477 Full Text of Decision 22477

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Available from 5:00 p.m. to 10:00 p.m. A claimant who, for whatever reason (here obligation to care for a child), limits the hours she is prepared to work, particularly if little or no work available in those hours, is not available. Availability is to be established for hours generally applicable.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
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	incompatible situations	family obligations
umpires	jurisdiction	evidence new

Decision 20316 Full Text of Decision 20316

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Work history of 7 years part-time. When a beneficiary works part-time in a regular manner and then searches for a job on that basis, he must be considered available during a reasonable period of time after which the search must be broadened. Five-month period.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 17298 Full Text of Decision 17298

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Quit full-time work to care for mother ill with cancer. Available 3 days a week. Finds work 4 weeks later. Digest and supporting jurisprudence examined. Availability determined on a day by day basis. Seriously looking for work. Entitled to UI 3 days a week while not working.

Decision 14284 Full Text of Decision 14284

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Capable of work 3 days a week, so disentitled retroactively for 2 days each week in extended benefits. Overpayment of $864.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Decision 13710 Full Text of Decision 13710

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Case turns on facts. Health in issue. Not available 2 days per week. Benefit paid 3 days per week.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Decision 13509 Full Text of Decision 13509

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Availability generally required is from 9:00 to 5:00 Monday to Friday. Cannot be available for only 3 days per week unless there are exceptional circumstances, that is, history of part-time work.

Decision 13419 Full Text of Decision 13419

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

If one wants part-time work and has such a pattern, the person should be given a reasonable period, and 6 months is more than reasonable. The purpose of UI is not to allow one to pursue voluntary work to the detriment of searching full-time work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	personal reasons	altruistic considerations

Decision 13089 Full Text of Decision 13089

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Her history showed she had held two part-time jobs simultaneously, one mornings and the other afternoons; laid off from morning job and later left afternoon job, saying available only mornings; reasonable time of 2 months to be allowed.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	personal reasons	family considerations

Decision 13022 Full Text of Decision 13022

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Restrictions do not necessarily result in disentitlement if insured has a history.

Decision 12735 Full Text of Decision 12735

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Employed 8 years part-time. Refused short-term, full-time work after some 15 weeks and ruled not available after 22 weeks. Incumbent on claimant to either remove restrictions or increase job search. This may affect availability. The question is whether there are reasonable prospects. If so and claimant really wants to work, reasonable time to be allowed. Unsuccessful attempts indicate either that employment opportunities are not widely available orsearch not extensive.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	full-time
availability for work	applicability	definition

Decision 12072 Full Text of Decision 12072

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

If she worked part-time only, her UI premiums would have been paid by reference to such part-time work and it would be this type of employment which would be insured. If unable to find similar work after reasonable time, she might be expected to broadenher job search.

Decision 12043 Full Text of Decision 12043

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

The jurisprudence is clear that claimants are not available for work when after having been employed full-time they prefer to restrict themselves to part-time work when full-time work is available for them.

Decision 11069 Full Text of Decision 11069

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Summary:

Normally a sincere desire means availability for either full or part-time. A restriction to part-time can illustrate an intention to withdraw from normal work force, but not always if special circumstances such as medical reasons or pattern of part-timeestablished.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	applicability	definition

Decision 43344 Full Text of Decision 43344

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Insurance benefits are not intended to supplement earnings from part-time employment unless claimant is actively seeking full-time work and can establish this.

Decision 28045 Full Text of Decision 28045

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Part of the requirements of the claimant's on-call status with Safeway was that he remain available for work whenever called upon to do so. Given such a requirement, I fail to see how he could be available for other employment. In fact, he worked up to 30 to 40 hours per week in the last 3 months.

Decision 19647 Full Text of Decision 19647

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

I am of the opinion that Arbitration Board erred in law by exempting, as it did, the beneficiary from the burden of proving her availability on pretext she held down a job where she was on call.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	errors in law	burden of proof

Decision 19380 Full Text of Decision 19380

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Powerful inference from previous conduct and statements that he did not intend to be available for other work pending recall as sessional attendant, and that UI was used to supplement his income in the interim periods. Only available with the employer with whom he was on call.

Decision 17377 Full Text of Decision 17377

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Satisfied with working part-time, she would not have accepted another job. Laid off between seasons, she knew that she would be recalled at the beginning of the next season. No steps taken. You cannot remain at home and wait to be recalled.

Decision 17051 Full Text of Decision 17051

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Would not accept other work in preference to part-time job held. No job search. As per jurisprudence, the Board must consider whether he was assured a recall and how long it would have been reasonable for him to wait for that recall before looking for other work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 16341 Full Text of Decision 16341

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Term employee with Revenue Canada from 27-1 to 27-6-86. Accepts part-time work 5-1-87 and later refuses term work with former employer from 26-1 to 20-5-87. Acted reasonably. Possible full-time in present work materialized and broke out term work cycle.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	presently working

Decision 14617A Full Text of Decision 14617A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Full-time student who alleges he may earn up to 25% of weekly benefit and still get full amount of UI. While it is true a claimant may work part-time and still receive UI, this is applicable only to those claimants who are available on a full-time basis.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
basic concepts	disqualification and disentitlement
availability for work	courses	employment left
availability for work	courses	pattern study-work not at same time

Decision 14870 Full Text of Decision 14870

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Agrees to only work part-time for her employer; occasionally refuses calls to come to work. Her priority is to look after her children. Laudable attitude but does not entitle her to unemployment insurance. For her, work is a luxury that she indulges in according to whim.

Decision 14633 Full Text of Decision 14633

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Claimant has settled into a comfortable part-time job with which she is satisfied. The difficulty is that she expects to have her income supplemented by UI. Entitled to have such arrangement but not to UI. Not unable to find employment on days she is not required.

Decision 14288 Full Text of Decision 14288

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Employed part-time. If she were offered other employment full-time or part-time, she would not accept it because she was happy with the employment she had.

Decision 14134 Full Text of Decision 14134

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Works one day a week for usual employer and available elsewhere for 30 hours a week. It was premature to conclude that he was not available for full-time work 3 weeks after he became unemployed. Reasonable time to be allowed to find additional work which would total full-time.

Decision 12232 Full Text of Decision 12232

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

The Board erred in concluding that the part-time babysitting job by itself, and without more, imposed an unreasonable restriction on the claimant's availability.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	good cause

Decision 11288 Full Text of Decision 11288

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work	employed

Summary:

Medical evidence that claimant was able to perform only part-time work, and as he was already employed on a part-time basis, the Board properly determined that 14(a) was not satisfied.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	health reasons

Decision 75112 Full Text of Decision 75112

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

The claimant had established a claim for sickness benefits and received the full 15 weeks allowable. Then she was only able to work part time and was restricted for a period of some three months. The Board of Referees determined that she should be entitled to a reasonable time to return to normal working hours. Under the Act a person must show they are capable and available for work and unable to find suitable employment. In this case, the claimant was working to the full extent of what she could do during this three month period. There was no evidence that she was looking for other work and unable to find suitable employment. The appeal by the Commission is allowed by the Umpire.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	applicability	proof

Decision 51724 Full Text of Decision 51724

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

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	job search	as a requirement
availability for work	restrictions	type of work

Decision 26880 Full Text of Decision 26880

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Refer to: A-0134.95

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

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	restrictions	reasonable period of time

Summary:

The previous hearing referred to by the umpire is a warning that the Commission can, and in somes cases must, give a claimant that he must extend his job search if he wants to continue to satisfy the requirements of the legislation. Not a notice of the consequences of his unavailability once received.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 22921A Full Text of Decision 22921A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Claimant is pursuing full-time studies. Twenty-two-week delay granted to the claimant because of his background of employment and studies. The delay is deemed more than reasonable. Moreover, there is no evidence that the claimant has undertaken the steps necessary to find part-time work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	courses	pattern study-work simultaneously

Decision 22058A Full Text of Decision 22058A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Student with 5 years part-time work disentitled after 8 weeks. The jurisprudence shows clearly that a period of 8 weeks is the norm. See CUB_14357. Claimant was disentitled as she was unavailable pursuant to the 8-week jurisprudence (deemed to be the reasonable norm). Error in law by the Board.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	courses	pattern study-work simultaneously

Decision 21397 Full Text of Decision 21397

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Resigned. Moved from Edmonton to Innisfree (pop.: 300). Numerous cases have confirmed that in this situation one is entitled to benefits only for a reasonable period. The period of 17 weeks was reasonable and compares favourably to what has been allowedin other similar cases.

Decision 21396 Full Text of Decision 21396

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Resigned. Moved from Whitehorse (pop.: 20,000) to Champagne, Yukon (pop.: 100). Here claimant received 35 weeks. That is a much longer period than has been held to be reasonable in many cases. A period of 12 to 16 weeks has more typically been considered reasonable.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	constitution of board	member ineligible

Decision 21006 Full Text of Decision 21006

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Stated he was not looking for work since departure. There is no reason to grant a delay not having proved availability each day. Delay is certainly granted to someone actively looking for job, but not if not looking.

Decision 18677 Full Text of Decision 18677

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Claimant left her job in Fort Nelson, B.C., to be with husband in Wonowon where job opportunities are extremely limited. 15 weeks' UI paid. She is only entitled to reasonable time, said the Board. The Board's decision is well founded in fact and in law.

Decision 18138 Full Text of Decision 18138

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

I do not disagree in principle that there can be situations where the employment possibilities are patently non-existent and a claimant cannot claim UI for any period because he has by his move made himself unavailable. However it has not been shown that this is the case here.

Decision 17566 Full Text of Decision 17566

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Claimant had been out of work since 31-7. He had received nothing in the way of assistance from the Commission from 31-7 to 1-11, so it could be argued that the time for limiting the type of employment and for being warned should run from that latter date.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	various activities	church minister

Decision 17024 Full Text of Decision 17024

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

This is so no matter how good the motives for moving: the law in no way impairs the unification of families but one cannot receive UI for as long as one had remained more available by staying where more jobs were. 29 weeks is much in excess of reasonable time.

Decision 17007 Full Text of Decision 17007

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

The minority member noted that claimant is entitled to sufficient time to find work comparable to previous job. This might have been applicable if he had clearly indicated a desire to work for then he would have been entitled to a certain time and warning before disentitlement.

Decision 15869 Full Text of Decision 15869

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Claimant has had a very generous number of weeks to find work in teaching. She received 29 weeks when the norm is 12 to 15 weeks but she was not given a warning she had to broaden her job search. Period of time extended by an additional 5 weeks.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	or preferences
availability for work	job search	warning before disentitlement

Decision 15494 Full Text of Decision 15494

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Availability must be tested in relation to employment opportunities for claimant, not those of spouse. While it is perfectly reasonable for one to move with spouse, this does not carry with it the right to UI for the full benefit period. 3 months is a reasonable period here.

Decision 12481A Full Text of Decision 12481A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Part-time worker in Whitehorse. Upon layoff she moved to Swift River to be with her fiancé. She was not given a reasonable period of time to look for work in new area. I have determined that she is entitled to 4 weeks and to be disentitled thereafter. [p. 4]

Decision 12355A Full Text of Decision 12355A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Moved to Tumbler Ridge, B.C. 15 weeks' unemployment. The Board correctly applied the jurisprudence which has added a gloss to statute. 2 standards of availability: one for long-term residents of area, another for new residents. Such a long line of CUBs that I should not depart.

Decision 14761 Full Text of Decision 14761

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Moved from Hamilton, Ont. to Tumbler Ridge, B.C. Attempted to obtain work from 8 employers. There are in fact 8 employers of general office clerks. 3 months on benefit up to 3-8. The fact that she was able to find work at the end of September does not affect the Board's decision.

Decision 14587 Full Text of Decision 14587

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

It is now well established that a reasonable delay must be granted to find suitable employment. In this case, at least 3 months should have been granted. The employment offered was not suitable: different type of work and enormous drop in pay.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	different occupation and lower wages
refusal of work	moving

Decision 14515 Full Text of Decision 14515

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Stops working in 10-84 and takes courses; files a claim in 3-85. Employment experience while taking courses. It seems to me that the reasonable delay starts only once the claim is filed.

Decision 13762 Full Text of Decision 13762

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Where one voluntarily moves from a centre with a large employment base to one with a significantly smaller employment base, that individual will be given a reasonable period. 15 weeks given here. The law was correctly applied. Moved from Regina to Kelvington.

Decision 12478 Full Text of Decision 12478

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Most claimants when they move for reasonable cause are given a period of some weeks. No hard and fast rule though most cases fall between 12 to 16 weeks. I have seen cases where 5 months and even 6 have been given. Here no time at all was given.

Decision 11811 Full Text of Decision 11811

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Left her job as a medical lab assistant in Edmonton to follow husband to Seba Beach, a small centre 70 miles away with a population of 139 persons. Benefits allowed for 3 months. Available within 5 miles.

Decision 11787 Full Text of Decision 11787

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

He was allowed 22 weeks before being requested to broaden the area in which he was required to look for work once he had exhausted possibilities in area in which he selected to reside. In similar cases it has been found that 2 months is a reasonable period of time.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area

Decision 11546 Full Text of Decision 11546

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Left Portage La Prairie, Man., to move to La Ronge after investigating employment opportunities. Available in several fields but unsuccessful due to government temporary freeze. 3-month period not long enough and extended by 2 months.

Decision 11075 Full Text of Decision 11075

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

The jurisprudence and s.27 allow a claimant a reasonable period of time to limit his job search to the vicinity where he lives and to usual occupation. A limitation for a period of 6 weeks was not unreasonable.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	health reasons
availability for work	courses	disentitlement not automatic

Decision 10983 Full Text of Decision 10983

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

The Commission argues that case law suggests 3 months and is adequate. I agree that, depending on circumstances, it may be adequate. What had been established in CUB 3832 and in DODSWORTH is a mere guideline and not a rule of law. Each situation to be viewed in its own context.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	courses	pattern study-work not at same time

Decision 10773 Full Text of Decision 10773

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

Reasonable time must first be established by CEIC; an administrative decision taking into account circumstances in issue, made judiciously, according to principles of impartiality. Only where these factors absent is discretionary act reviewable. Administrative act of this sort [establishing time] is presumed to comply with limitations imposed by case law. Presumption of lawfulness of act is particularly strong where proof of availability under 14(a) rests exclusively on insured.

Decision A-0878.82 Full Text of Decision A-0878.82

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	reasonable period of time

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area	after moving

Decision 20757 Full Text of Decision 20757

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	religious objections

Summary:

BERTRAND quoted. The Board's decision was based on a finding that the self-imposed religious restriction against working on the Sabbath after 7 months on UI was of a nature as to exclude her from the ready labour market in her hometown. I am unable to say that this finding was unreasonable. I took the liberty of mentioning my reservations that these passages in CUB 6639 possibly reflected a much too harsh and draconian concept of the law, which may have contributed to the Board misdirecting itself on the evidence.

Decision 18094 Full Text of Decision 18094

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	religious objections

Summary:

Held not available because of his "employment in anticipation of becoming a member of a monastic community". Received room and board and doing chores in return. It is not enough for him to say that he would have taken a job and left the abbey if a job had come along.

Decision 15186 Full Text of Decision 15186

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	religious objections

Summary:

Nurse not prepared to work on Sabbath after 4 months of unemployment. CUB 6639 not helpful because it precedes Charter. I conclude that the finding that claimant was unduly restricting her availability is in defiance of her religious belief and contravenes the Charter. [p._4/10]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
umpires	jurisdiction	binding judgments

Decision 76450 Full Text of Decision 76450

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	part-time work

Decision 46578 Full Text of Decision 46578

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Claimant is an immigrant without landing, authorized to study in a Canadian university and work only on campus. Worked until 1-05-98 and claim took effect May 4. Given until the end of June to find employment and declared disentitled effective July 6, 1998. BOR allowed the appeal, stating that the restriction imposed by the work permit could be changed quickly. Error according to the Umpire since evidence in the file indicates that the restriction cannot be changed quickly. Commission appeal allowed.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Decision A-0855.97 Full Text of Decision A-0855.97

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Claimant dismissed for misconduct. Filed a grievance but did not look for employment: he was waiting to go back to his job following the outcome of the grievance procedure. Claimant disentitled for non-availability. Referring to the Harvey case (CUB 17466), the Umpire upheld the Commission's decision: the claimant did not show any evidence that would have led him to believe that he would be recalled to work unless he won his grievance. Claimant not exempt from the obligation to look for new suitable employment. Decision upheld by the FCA.

Decision 41172 Full Text of Decision 41172

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

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	job search	number of contacts
availability for work	restrictions	type of work

Decision 23425 Full Text of Decision 23425

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Disentitled upon filing renewal claim. He stated clearly that he is not personally seeking other employment; he is rather remaining at home to be available and ready when called in to work. This clear, unambiguous statement is not indicative of one willing and ready to accept any suitable employment.

Decision 21667 Full Text of Decision 21667

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Left his job in Vancouver to relocate in Salt Spring Island where he quickly secured work as a substitute school bus driver. He says he is building up his seniority with his present employer and that there is no other employer on the Island.

Decision 20788 Full Text of Decision 20788

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Claimant lives in an apartment on the premises where she was employed. She admitted not having looked for work as she does not drive and has no means "to get around" and to go to any other place to find work. No reasonable effort to find work. Mere statements are not enough.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Decision 20714 Full Text of Decision 20714

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Not seeking other work while employed by the C.I.B.C. She did not want to jeopardize her chances of becoming fully employed by her present employer. Still working an average of 4 to 5 days a month. I cannot find fault with the Board's decision to accepther initial statement.

Decision 18347 Full Text of Decision 18347

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Claimant was entitled to hold out for such employment (in her mother's business) if she so chooses, but not at the expense of benefits paid by the Commission. UI is not meant to provide start-up subsidies for those who are going into business without sufficient capital to start.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	applicability	definition

Decision 18014 Full Text of Decision 18014

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

By bringing claimant's admission that he was unwilling, as of mid-January, to work for any employer other than the City of Regina, and that he waited until April to contact the City for a possible recall, the CEIC met the burden of proof showing this was an undue restriction.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	number of contacts

Decision 17466 Full Text of Decision 17466

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Dismissed for misconduct; grievance ongoing; not looking for work in meantime. Examined CUB-5370 requiring waiting period be granted if reasonable possibility of callback. No evidence to that effect here, unless grievance is won.

Decision 17144 Full Text of Decision 17144

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Terminates teaching summer classes 19-8. Expects other teaching work next January. Available as substitute in the meantime. To devote himself to being available for a position there and only there does not entitle him to UI while he waits.

Decision 15284 Full Text of Decision 15284

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Claimant on call not prepared to work elsewhere as she would lose her seniority. Allowed from a subsequent date following a letter indicating job searches elsewhere.

Decision 14739 Full Text of Decision 14739

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Layoff on 20-6, receives benefits until November. Works on call only for this employer where she hopes to be recalled full-time. Has not sought work elsewhere since 20-6. Simply waits. Attitude not in keeping with requirements.

Decision 14126 Full Text of Decision 14126

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

When a claimant is expecting a recall from a former employer she is entitled to some time to find a job which will allow her to accept the recall. 8 weeks have been considered reasonable. Board's decision amended accordingly.

Decision 13957 Full Text of Decision 13957

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

She finds it unreasonable to search for a 3 or 4-week position until she returns to old job. The Act requires a job search, even if on short lay-off and no matter how little chance claimant may feel she has in finding one.

Decision 13870 Full Text of Decision 13870

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

It may have been quite reasonable for the claimant in terms of his own preferences and priorities to decide not to take temporary work because of his expectations of being called back, but it does not follow from that that he is entitled to collect UI.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	or preferences

Decision 13736 Full Text of Decision 13736

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Umpires in CUBs 3281, 8574 and 8741 have ruled that a claimant is not available when his priority is to return to the former employer. That is sound law, not an error in law. He had no guarantee that he would be rehired.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	errors in law	availability concept

Decision 13132 Full Text of Decision 13132

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

On 26-8, waiting to be recalled to her position of supply teacher which did not happen on a regular basis until 28-9. No grounds to overturn the Board's decision. Indicating to a prospective employer that she was awaiting a recall would inhibit any employer hiring her.

Decision 12751 Full Text of Decision 12751

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Laid off 11-4. Expected recall but did not know when. She thought she did not have to look for work while temporarily laid off. Required to seek temporary work. Recalled 12-7.

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	applicability	necessary conditions

Decision 12610 Full Text of Decision 12610

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Laid-off from full-time employment, claimant indicated she would not accept other full or part-time employment because she is on call every day and she must be at home to receive those calls. Certainly open to the Board to find that she failed to prove availability.

Decision 12200 Full Text of Decision 12200

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Laid off 14-10 and after 4 months on benefit, would not accept other part-time work because he wants to be available when called every once in a while by his employer. Overpayment: 937$.

Decision 11995 Full Text of Decision 11995

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Although the claimant has a democratic right to choose with whom he will be employed, it is an unreasonable restriction to choose to work with a new employer on a date subsequent (3 days) to the one offered in good faith by his present employer.

Decision 11379 Full Text of Decision 11379

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Laid off with a recall date. Claimant would not accept any other work, temporary or permanent; he was awaiting his recall.

Decision 10795 Full Text of Decision 10795

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

Declared not available as of 18-3 while waiting for promise from employer to be hired as soon as passed examination. Passed examination on 27-4 and employment commenced on 7-5. No other job search. No error of law.

Decision 10635 Full Text of Decision 10635

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Summary:

After layoff, claimant recalled for part-time evening job, 5 to 9, 4 evenings a week. Not too interested in taking any other work. Held not available. Finding of fact not frivolous, perverse or capricious.

Decision 20788 Full Text of Decision 20788

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Decision 17065 Full Text of Decision 17065

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

Hospital worker on call who refused shifts due to lack of transportation. The weight of authority, except CUB 12234, requires one to have transportation. Claimant appears to have made every effort but unable to obtain transportation. Therefore, not available.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	incompatible situations	good reasons
availability for work	job search	warning before disentitlement

Decision 13531 Full Text of Decision 13531

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

The claimant admitted that he did not look for work. He resides in a location where his lack of transportation (car repossessed) creates an impossible position for him to find work.

Decision 12248 Full Text of Decision 12248

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

Claimants who establish a satisfactory record of employment living in such areas should be given reasonable time (3 or 4 months). No sections in the Act, Regulations or jurisprudence impose a driver's licence, a vehicle or availability of transportationas a prerequisite to UI.

Decision 12234 Full Text of Decision 12234

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

Work offered for 3 weeks. No transportation. He had expressed a willingness to work anywhere. The implications of the decision are startling: when public transportation is not available, one must purchase a car. It should have been dealt with under s.27, not s.14(a).

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
basic concepts	disqualification	employment about to terminate
board of referees	issue not recognized	decision not to reconsider

Decision 11259 Full Text of Decision 11259

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

Woodcutter with no means of transportation. It is regularly held that absence of transportation to get to a place of employment is ground for disentitlement when there is no work available in the area of residence for which no transportation is requiredor bus service available.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	distance

Decision 11175 Full Text of Decision 11175

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	transportation difficulties

Summary:

Waitress who left because no means of transportation; 15 mile trip. Available in Ste-Florence. Fact that quit not conclusive. No evidence there was no work in her village (pop.: 1,000).

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
voluntarily leaving employment	commuting	transportation difficulties

Decision 70753 Full Text of Decision 70753

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

The claimant registered for a course in information technology and had suspended her job searches until she completes her course which was necessary to find the type of job she wanted and in a field for which she did not have the required qualifications. The Commission determined that she did not prove her availability for work because she restricted her job searches to fields where the employment opportunities were limited. The Board of Referees finds that the claimant, because of her limitations and preferences, restricted her job search to secretarial and accounting jobs. There is a consistent line of authority to the effect that a claimant cannot restrict her job searches, for an extended period, to a field she would prefer but where she does not succeed in getting a job.

Decision 51724 Full Text of Decision 51724

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

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	restrictions	reasonable period of time

Decision 41172 Full Text of Decision 41172

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

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 ithe 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	job search	number of contacts

Decision A-1472.92 Full Text of Decision A-1472.92

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area
refusal of work	suitability	defined
board of referees	legislative authority	purpose of ui system
availability for work	applicability	definition
availability for work	restrictions	geographical area	after moving

Decision 21935 Full Text of Decision 21935

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Refer to: A-1472.92

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	geographical area
board of referees	legislative authority	purpose of ui system
refusal of work	suitability	defined
availability for work	applicability	definition
availability for work	restrictions	geographical area	after moving

Decision 17509 Full Text of Decision 17509

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

It is true that "unduly restrictive" is not defined in the Act but the jurisprudence clearly shows that, while one is entitled to restrict the type of work for some time, she may not do so indefinitely. If she exceeds a reasonable period, her restriction will become an undue one.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	warning before disentitlement

Decision 14287 Full Text of Decision 14287

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Left hairdressing due to health problems. Available for other work in salon. I am quite satisfied that claimant should have been given a warning that her job search was too restrictive, and she should have been entitled to at least 1 month to find such employment.

Decision 14145 Full Text of Decision 14145

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

No neat definition. Non-availability may be evidenced by unreasonable restrictions on type of work for an unreasonable period. After lengthy period, claimant must be prepared to accept other work. Not unreasonable to regard 32 weeks as adequate time.

Decision 14118 Full Text of Decision 14118

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Claimant retired and said he was available as lineman. Held not available upon making claim. Union member cannot seek work on his own except for non-union contractors. Board's decision not perverse although I do not agree with it.

Decision 14004 Full Text of Decision 14004

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Given the fact that her in-laws and husband ran this grocery store, it is unlikely that she would be hired by other grocery stores in this small community or would want to. Appears to limit herself to that type of work. Question of fact.

Decision 13731 Full Text of Decision 13731

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

After several months of unemployment it was reasonable that the claimant should be expected to broaden his job search considerably (other than as fishing guide) in order to be considered truly available.

Decision 13595 Full Text of Decision 13595

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

It is entirely natural for a tradesman to state the type of employment he wants to return to unless he is given to understand that this type of work is effectively closed to him.

Decision 13592 Full Text of Decision 13592

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

The claimant is entitled to a period of time to attempt to find, even if it is very difficult, a job for which she is qualified. Not to be forced to scrub floors or wait on tables. The delay must be limited because in summer teaching jobs are scarce. A 3-week period is proper.

Decision 13503 Full Text of Decision 13503

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Case turns on facts. Claimant in Montreal for five months. I believe it was wrong to conclude that by seeking employment as pipefitter claimant improperly limited availability.

Decision 13452 Full Text of Decision 13452

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Worked 6 months as babysitter in her home (insurable employment); available to same extent; entitled to reasonable time assessed as 2 months.

Decision 13422 Full Text of Decision 13422

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

He was given more than 4 months in which to find work as a musician. In the view of the Board, and mine as well, that period was sufficient.

Decision 13091 Full Text of Decision 13091

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Ontario teacher moving to Alberba where she was not qualified to teach.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	weight of statements	from a Commission agent

Decision 12577 Full Text of Decision 12577

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Statements made in relation to the kind of work which claimants initially think acceptable must be viewed with caution because they are likely to be statements of claimants' first preferences rather than a final statement.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	weight of statements	contradictory

Decision 12176 Full Text of Decision 12176

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Available for farm work but this was the winter season. Well known there is no farm work in that area during the winter months. Factual case in B.C.

Decision 12107 Full Text of Decision 12107

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Seeking employment for which one is not qualified amounts to imposing unreasonably restrictive conditions.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	reasonable period of time
availability for work	incompatible situations	leave requested
umpires	grounds of appeal	capricious finding	req'd

Decision 12041 Full Text of Decision 12041

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Specific but reasonable restrictions may be imposed on the type of employment, but only for a reasonable period of time.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:
availability for work	applicability	rationale
availability for work	restrictions	in several respects
availability for work	applicability	necessary conditions
availability for work	job search	reliance on others

Decision 11813 Full Text of Decision 11813

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

The whole tenor of the Act is to provide temporary relief to persons who, through no fault of their own, lose their employment and are actively seeking employment possible to find where readily accessible. Not intended to let persons await a particular type of work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
teaching	availability for work	summer months
availability for work	applicability	definition

Decision 10677A Full Text of Decision 10677A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

Construction labourer who, after 5 months of unemployment, limited his search to this type of work, in view of the high wages associated with it.

Decision 10624 Full Text of Decision 10624

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	type of work

Summary:

After 7 months of unemployment, limited search to usual occupation, construction foreman, but anywhere. List of job searches not specifying occupation sought. No error of law.

Decision 16459 Full Text of Decision 16459

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	union jobs

Summary:

Construction millwright not prepared to broaden job search upon expiration of period agreed to as Union Hiring Hall. Argues that new period to be allowed after each period of employment. No such generalization is possible. A question of fact for the Board to decide.

Decision 14559 Full Text of Decision 14559

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	union jobs

Summary:

4 months allowed to find work in his trade at union rate. Well established that after a considerable length of time a union member cannot rely solely on union hiring hall. Must seek other work outside terms of reference of membership. S.29 of no help.

Decision 13425 Full Text of Decision 13425

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	union jobs

Summary:

While the Commission and the union have agreed, in the case of a union member with the claimant's seniority, that 16 weeks (1 week for each year as union member) is a reasonable time, there is no statutory basis for such rule. The 16 weeks were generous.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	as a useless act

Decision 17387 Full Text of Decision 17387

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Millwright who, after 8 months, would not accept less than union rate of $18 an hour. No jobs available even at non-union rate of $12, so it is argued that, since there is no work anyway, a restriction to $18 did not in fact cause him to be unavailable.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information

Decision 17206 Full Text of Decision 17206

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Pipefitter in B.C. who leaves to move to Ontario. Not member of local union but insists on union rates after many months. Where previous job is highly specialized and potential jobs further narrowed by other demands, it is clear that the restriction cannot continue indefinitely.

Decision 17105 Full Text of Decision 17105

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

After an interval of 27 weeks, she continued to demand the same salary. Even if it was justified because she had to look after her children, she should nevertheless, after a reasonable period, lower her wage demands.

Decision 15389 Full Text of Decision 15389

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

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:
voluntarily leaving employment	working conditions	unsatisfactory
availability for work	job search	warning before disentitlement
board of referees	errors in law	availability concept
board of referees	errors in law	not applying jurisprudence

Decision 13208A Full Text of Decision 13208A

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Claimant is unable to work as a banquet waitress but is able to work as an ordinary waitress. She refused this possibility unless she was paid the premium wage of a banquet waitress. After 40 weeks of unemployment she should not have been so restrictive.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	jurisdiction	new facts not required

Decision 15225 Full Text of Decision 15225

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Laid off from City of Edmonton and restricting availability to same wage rate, i.e. $753 a week. Immediately disentitled and upheld by Board. Claimant's demand could be taken to constitute an undue restriction sufficient to make him ineligible.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	job search	effective date

Decision 14832 Full Text of Decision 14832

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

The Board was clearly right in concluding that a refusal to accept employment (in usual occupation) because it is thought that the wage is too low ($4.50 an hour), when that wage rate is comparable to employment previously held, demonstrates lack of genuine interest.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
refusal of work	health reasons

Decision 13563 Full Text of Decision 13563

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Concept of reasonable time to try to find suitable employment offering a wage scale comparable to previous employment has always been recognized in the case law. Most eloquent evidence of availability is obtaining the employment sought within a short time.

Decision 13416 Full Text of Decision 13416

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Under s.27 a claimant is not obliged to accept immediately employment under conditions and wages less favourable than in usual occupation. Claimants are, after a reasonable lapse of time, oblige to lower their expectations. Wants $7 an hour as opposed to $4 after 8 months.

Decision 10927 Full Text of Decision 10927

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	wages or salary

Summary:

Child care provider who left employment paying $95 per week because now that she was a mother she also had to use child care services. She was demanding $125 to $130 per week and had moved to a village 5 or 6 miles farther away.

Decision 27376 Full Text of Decision 27376

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work at home

Summary:

Claimant was allowed 12 weeks to find employment that would accommodate her restriction of working at home. Since the labour market survey indicated there were limited possibilities of obtaining such employment, these 12 weeks must be seen as a reasonable period of time.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	applicability

Decision 22875 Full Text of Decision 22875

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work at home

Summary:

A person who places a condition on her availability such that she will only do work at her own home takes herself out of such a large portion of the labour market that, in my view, the Board in this case was justified in concluding that she was indeed not available for work.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	incompatible situations	family obligations
availability for work	applicability	rationale

Decision 21347 Full Text of Decision 21347

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work at home

Summary:

Secretary laid off by reason of shortage of work. Only available for work at her home because she has 4 children ranging from 12 to 6 years of age. Did not contact any prospective employers. This clearly shows that she was not available: unduly limitingher chances of employment.

Decision 73880 Full Text of Decision 73880

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

The claimant is in Canada working under the Foreign Worker program valid until April 30, 2009. A disentitlement was imposed effective April 30, 2009. The claimant disputes the Commission's decision, stating that he was already accepted by the AINP (Alberta Immigrant Nominee Program) for a change of status. The claimant attended the Appeal hearing submitted a medical report from Citizenship and Immigration Canada showing that his application for Canadian citizenship for himself and his family was proceeding. The claimant related that the application has been in progress for a prolonged period of time and implied that the delay was procedural and not of his own making. On October 8, 2009, the Commission advised the claimant as well as his representative that the appeal be allowed in this case.

Decision 73624 Full Text of Decision 73624

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

The claimant was not a Canadian citizen and was here on a work permit for one particular person as a caregiver. This permit was from March 2007 to December 2008. The Commission denied the claimant benefits because she failed to establish that she was available for work. The claimant renewed her work permit as of the 27th of November, 2008 and from that point on she was available for work with any employer. Her new work permit was valid until November 2009. The claimant in her appeal before the Board stated that she disagreed with the Commission for failing to pay her benefits from August 2008 to December 6, 2008 because her permit was valid until the end of December of 2008. The Board dismissed the claimant's appeal because of the restricted work permit which made her unavailable for work as she could only work for one person. The claimant could not claim employment insurance benefits based on that employment, because once that employment ended, she no longer had the ability to work anywhere else. The appeal is dismissed.

Decision 69684 Full Text of Decision 69684

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Having moved from Nunavut to seek employment in Alberta or Manitoba, the claimant was not in compliance with her Work Permit which only allowed her to work in Nunavut.

Decision 67472 Full Text of Decision 67472

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

The claimant is a foreign national whose employment was terminated. When admitted to Canada he was granted a work permit, subsequently renewed which authorized him to work for only one employer and specifically not for any other employer, not in any other location, and not in any other occupation than as a creative writer.

Decision 63129 Full Text of Decision 63129

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

The claimant was denied benefits because she did not have a valid Employment Authorization. Her work permit had expired on March 22, 2004 and was not renewed until September 2004. The Umpire finds that missing from the evidence on file is the claimant's view why it took so long to obtain the renewal of her Employment Authorization and stated that if the restrictions imposed by the need to have an Authorization were more technical than real, then the claimant would meet the availability requirements of the Employment Insurance Act. Case adjourned until further investigation by the Commission.

Decision 49652 Full Text of Decision 49652

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Claimant is a professional engineer who lost the employment he was entitled to under a restricted work permit. The BOR concluded that the claimant would only be considered available when in possession of an unrestricted work permit or some other form of status to remain a resident of Canada. Decision reversed by Umpire based on a previous decision rendered in Jozef Juris (CUB 44956). **NOTE: Ref. Digest 10.10.8 (policy change).

Decision 46578 Full Text of Decision 46578

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	specific employer

Decision 44956 Full Text of Decision 44956

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Claimant is an immigrant who, upon his arrival in Canada, was given an "Employment Authorization" which authorized him to become employed for a specific employer but prohibited him from working for any other employer or in any other occupation or location. Upon his lay-off, he was prevented from becoming employed by the restriction of the Employment Authorization and was disentitled for not being available. Umpire ruled that S.18 does not apply where unavailability is imposed upon a claimant in circumstances beyond his control when the claimant is ready, available and willing to accept employment. The Commission appealed the decision to the FCA. **NOTE: Appeal withdrawn by the Commission following a policy change. See Digest 10.10.8.

Decision 43501 Full Text of Decision 43501

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Claimant's Employment Authorization indicated that she was not authorized to work for any employers other than Paradise Banquet and Convention Centre. She was not entitled to benefits as she had not proven her availability for work because she was restricted to working for one employer only. Umpire ruled that she cannot meet the legislative requirement of availability, which means that she must be both willing and able to accept employment.

Decision 35794 Full Text of Decision 35794

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

An alien who requires, but does not have, an employment authorization may be considered as not available for work and thus not entitled to U.I. benefits. Claimant must show that she is able to obtain employment for which she can reasonably be expected to obtain an employment authorization.

Decision 30858 Full Text of Decision 30858

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Claimant cannot get an open work permit. Must find an employer and then have the permit validated by Immigration Québec. References made to CUBs 20507 and 22727, and FCA A-1472-92; unreasonable restrictions regarding availability.

Decision 29413 Full Text of Decision 29413

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Temporary working permit prohibits the claimant to exercise a profession other than that of assistant professor at the University of Sherbrooke. Reference made to WHIFFEN (A-1472-92). Restriction not considered reasonable.

Decision 22727 Full Text of Decision 22727

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

I do not find that the fact that claimant had to contribute to the UI fund while working but cannot benefit when his work terminates as a result of restrictions imposed on his availability by his work permit infringes his right to equal treatment under the Charter. This argument is dismissed.

Decision 22207 Full Text of Decision 22207

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Foreign student whose work permit restricts her to employment with the University of Alberta. More recent jurisprudence examined and quoted: CUBs 13136, 14357 and 21910. Claimant should be allowed a 2-month period of benefits within which to find re-employment in the University of Alberta community.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	observations from the Commission

Decision 21910 Full Text of Decision 21910

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Foreign student at Carleton University disentitled because his employment visa did not allow him to work elsewhere than at the campus during the summer. Media release and Minister's policy guidelines examined. Decision found to be contrary to Parliament's will and Minister's policy.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
board of referees	observations from the Commission

Decision 20507 Full Text of Decision 20507

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Resident of the U.S. dimissed from Canadair. His work permit specifically stated that he was not authorized to work for any other employer. This restriction prevents him from meeting the requirement of availability.

Decision 20508 Full Text of Decision 20508

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

It is not unusual for individuals to be required to pay premiums even though they may never be able to collect benefits. In this respect the UI scheme is more like an employment tax than a true insurance scheme. In any event, Umpires, Commissions and Boards must apply the law.

Decision 19384 Full Text of Decision 19384

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

More recent decisions have indicated that legal incapacity to work due to no authorization permit does not automatically make one unavailable (CUBs 13136 and 14357) though they indicate the onus is a heavy one to prove that the work sought would lead toa required authorization.

Decision 18824 Full Text of Decision 18824

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Spent 8 years in higher education and internship to qualify to practice medicine. All he needed was a general medical licence. Internship ended 12-6 and licence obtained 11-7. Unreasonable restriction. I do not agree he was prohibited by law from working, only from practising.

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	labour market information
availability for work	applicability	definition

Decision A-1145.87 Full Text of Decision A-1145.87

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

US citizen employed in Canada until 31-12-85. Her permit expires 7-3-86; applies for UI 15-4-86. Must get assurance of job first, then ask a work permit. Has a good chance to get one. Upon concurrent application of claimant and Commission, Umpire's decision set aside.

Decision 14153 Full Text of Decision 14153

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Refer to: A-1145.87

Decision 14506 Full Text of Decision 14506

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Claims he was fully available despite false identity and American citizenship; in fact employed in Canada. Retroactive ruling: overpayment of $12000. Availability cannot be established on false identity. Woud have to be searching for work for which he could obtain permit.

Decision 14357 Full Text of Decision 14357

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

It appears that the Board included in the definition of "available" the requirement of being authorized to work [p. 10]. The Board erred in automatically denying benefits because claimant did not have a valid employment authorization. [p. 13] Foreign student now a visitor. Under a large handicap in proving availability. She is in an analogous position to a claimant who, due to location or family commitments, is forced to place restrictions. May be entitled to reasonable period of time such as 8 weeks. [p. 12-13] Foreign student whose work permit was refused following change of status as visitor, husband still a student. Immigration Regulations examined. The fact that she can only apply for an authorization after obtaining a job offer does not prevent her from being available. [p. 12] Claimant must be able to establish that she has been seeking the type of employment for which she could reasonably expect to obtain a work authorization. If so, she should be given a reasonable time to obtain such employment. [p. 13] I do not find that the law violates the Charter. If not entitled, it will not be because she is a non-immigrant but because factually not available. Similarly situated with those who, because of reasons beyond control, are forced to impose restrictions.[p. 13]

other summary
Other Issue(s):	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
umpires	jurisdiction	oral evidence
availability for work	applicability	definition

Decision 13136 Full Text of Decision 13136

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

That Employment Authorization allowed claimant to work for Rowntree as an operator. Laid off 31-3 and recalled 2-6. If restrictions imposed by the need to have an Authorization were more technical than real as he asserts, then availability is proven. Case adjourned for enquiry.

Decision 12624 Full Text of Decision 12624

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

American citizen who was granted a work permit for employment with one employer only and whose employment was terminated by the employer. CUB 8763 referred to.

Decision 11539 Full Text of Decision 11539

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Forcefully argued that reasonable time should have been allowed, that claimant was available with other universities as well in a variety of subjects and would have obtained upon request the necessary authorization. Decision to be made not on speculation.

Decision 11148 Full Text of Decision 11148

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Work permit valid with one employer for whom no work available. The Board accepted that as soon as claimant finds work, he will be issued a work permit. Such person is not available unless he has a work permit. Approval not automatic. Willingness to work not doubted.

Decision 08763 Full Text of Decision 08763

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in canada

Summary:

Students whose work authorization limited them to work with their employer. They applied for UI upon termination of their teaching contract. It is an error in law to state that they are available when, as a condition precedent to accepting work, they must obtain a work permit.

Decision 74078 Full Text of Decision 74078

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

EI determined that Ms. X was not entitled to benefits as she had failed to prove her availability for work. The application and the ROE submitted indicated that the appellant had been employed as a full-time teacher and took an approved Leave of Absence to move to Virginia, U.S.A. to follow her spouse, a member of the Canadian Forces, who had been posted as a student. As per the E.I. Act, claimants are not generally entitled to receive benefits for any period during which they are not in Canada. Her status as a non-immigrant prevents her from working in the United States, as she does not possess a valid employment authorization. For this reason, payment of benefit is suspended for so long as this condition exists. The claimant’s appeal is dismissed

Decision 64489 Full Text of Decision 64489

summary
Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

The claimant moved to the United States to join his spouse. The evidence showed that the claimant could not legally work in the United States for lack of the required permit. The Umpire ruled that the claimant had not proven that he was available for work, under section 18 of the Employment Insurance Act.

Decision 23864 Full Text of Decision 23864

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Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

Professional in computer design residing in Delaware. She has an H-4 visa (accompanying a spouse); employment not authorized. She is eligible for an H-1 visa which she can obtain within 3 to 5 weeks from a job offer. FreeTrade Agreement taken into account. Not less than 8 weeks to be allowed.

Decision 22493 Full Text of Decision 22493

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Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

Took residence in California. The CEIC argued that an E-2 visa did not allow claimant to legally accept employment. Contrary information from a US attorney, current practice at the bank employing her husband. Case allowed by Board. No error of law nor mistake of principle. The principle appears to be well established that proof of foreign law in proceedings before the courts must be made by an expert in that law, who must be a professional lawyer or the holder of an official position requiring legal knowledge or one who had conducted special studies in that law.

Decision 20367A Full Text of Decision 20367A

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Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

Took residence in West Virginia, USA. Her H-4 visa did not allow her to legally accept employment in the United States. Under the Free Trade Agreement, she says, once she obtains an offer of work, a visa authorizing her to work will automatically be issued. This in fact happened 10 weeks later.

Decision 21075 Full Text of Decision 21075

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Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

Before the exemption under reg. 54 can be considered it would have been necessary for claimant to establish that he was eligible to work in the United States; had he been issued a green card or a visa allowing him to accept employment in that country, he may have been eligible.

Decision 08827 Full Text of Decision 08827

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Issue:	Sub-Issue 1:	Sub-Issue 2:	Sub-Issue 3:
availability for work	restrictions	work permit limitations in usa

Summary:

Claimant's visa allows her to accompany her husband in the United States but does not allow her to accept employment there.

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Date modified:: 2019-03-01