Decision 69306
Full Text of Decision 69306
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
Witness |
|
Summary:
Claimant considered not available while away from home area - subpoenaed to testify as a witness in a criminal matter.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
Witness |
|
Decision 65452
Full Text of Decision 65452
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
building home |
|
Summary:
The claimant did not look for work because all of his time was devoted to the construction of his home. Jurisprudence establishes that, in order to demonstrate his availability within the context of the Act, the claimant must actively search for employment and express a desire to work full-time, which is not the case here.
Decision 17317A
Full Text of Decision 17317A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
chess tournament |
|
Summary:
Immigrant who came to Canada in hopes of becoming an International Chess Master. When offered work, he stated he was not available until he returned from a chess tournament. Disentitlement lifted from date of return.
Decision 17566
Full Text of Decision 17566
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
church minister |
|
Summary:
Left work to pursue career as full-time pastor and applied for UI 2 months later. UI no more intended to subsidize the young minister in the establishment of his pastorate than a lawyer or dentist. However, reasonable period of 8 weeks to be allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision 73032
Full Text of Decision 73032
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
golf tournament |
|
Summary:
The claimant had apparently gone to Kentucky where she had attended University and played golf. The claimant was visiting Kentucky for a short time in November, 2005 to visit friends and went there again in December of 2005 and continued to stay there until the 5th of January to celebrate New Year's, and then late January went to Kentucky to attend a wedding. As she was a professional golfer, she went there with the intent of exploring possible work opportunities for the future. The claimant did not prove that she was outside of Canada at any golf interview, to conduct a bona fide job search or that she had appointments in respect of her profession within the meaning of the legislation. Appeal is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
out of Canada |
Professional golfer |
|
Decision A-0400.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
moving |
|
Summary:
The Commission denied the claimant benefits for a period of unavailability for work after voluntary leaving to relocate with spouse. The Board of Referees and the Umpire determined that the claimant was entitled to a period to make arrangements for the move and for the children to change schools. The Federal Court of Appeal (FCA) concluded that claimants must prove their availability to work on a daily basis, pursuant to section 18 of the Employment Insurance Act (EIA).
Decision 30653
Full Text of Decision 30653
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
moving |
|
Summary:
Claimant disentitled for being not available and incapable of accepting immediate employment while travelling from Halifax to Vancouver Aug.1-12,1994. This is not a disentitlement case for lack of job searches nor for having moved to Vancouver, but merely a strict application of S. 14(a) of the Act.
Decision 24952
Full Text of Decision 24952
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
moving |
|
Summary:
Claimant left on 1-12-91 to accept a full-time job in Ontario. She remained in Cape Breton, N.S., until 28-12-91 and began her new employment on 6-1-92. Misguidedly, the claimant chose to leave her employment early in order to prepare for her move and that fact alone indicates she was not available.
Decision 14977
Full Text of Decision 14977
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
moving |
|
Summary:
According to the appelant, CEIC should have notified her before declaring her disentitled. Not provided for under the Act. Given that she decided to take one month to move and she herself declared that she was not available, I do not see how they could have decided otherwise.
Decision 24362
Full Text of Decision 24362
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
running for office |
|
Summary:
At issue: nearly 3 months while campaigning as a Council Woman. It is doubtful that once aware of her political aspirations, prospective employers would be interested in employing her for a short duration, fearing that if she were elected she would then leave their employ.
Decision 09041
Full Text of Decision 09041
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
running for office |
|
Summary:
The sole fact that an unemployed person is seeking public office (conducting a campaign to win a seat in the Provincial Legislature) does not show that he is unavailable. Good job search. The political campaign itself can be construed as a search for employment.
Decision 20988
Full Text of Decision 20988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
seeking contracts |
|
Summary:
Co-owners of a company which, since they ended their employment with the company, have spent all their time trying to obtain contracts for said company. According to the Board, they were thus not available. A matter of fact.
Decision 13215
Full Text of Decision 13215
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
selection contest |
|
Summary:
Participated in selection camp for 3 weeks in hope of being selected. Participation in selection camp constitutes active search for employment and is not the same as training.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Decision 76074
Full Text of Decision 76074
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
The Commission issued a notice of disentitlement pursuant to ss. 9 and 11 of the Act and s. 30 of the Regulations to the Act for failing to prove he was unemployed. The claimant established a claim effective April 26, 2009. He had last worked as a part-time teacher from January 13, 2006 to April 24, 2009. He advised the Commission that she started to work on a contract basis. A copy of his contract clearly states “Contrat entrepreneur”, the claimant was an entrepreneur working out of his home four to six hours per day at $24.00 and was working without supervision or control from the school. He advised he was a self-employed as an English teacher and that his remuneration was sufficient for his need and that he was not seeking employment. The appeal by the claimant is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
Not available and not otherwise available |
|
|
| week of unemployment |
independent workers |
|
|
Decision 75760
Full Text of Decision 75760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
The Commission's decided not to pay him E.I. benefits because the claimant was self-employed and could not be considered unemployed. The claimant stated that he was spending all his time on his business, rather than looking for other work. He was the sole owner and had no one to help him. He spent more than 12 hours a day on his business. The claimant’s appeal is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
independent workers |
|
|
| availability for work |
Not available and not otherwise available |
|
|
Decision 73977
Full Text of Decision 73977
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
In June 2008, the claimant admitted that he obtained a mortgage broker licence. On a questionnaire, he stated that he had been self-employed as a commission-based mortgage broker since June 3, 2008, invested $2,000.00 in office equipment, spent 30 to 50 hours a week during the day or evening on his business and was not looking for other employment. The Commission alleged that the claimant did not prove that he was unemployed and available for work as of August 17, 2008. The claimant’s appeal is dismissed.
Decision 72138
Full Text of Decision 72138
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
The claimant failed to prove he was unemployed and available for work: availability under S. 18 of the ACT. The BOR also finds as fact that although the claimant states that he did not help in setting up the business, nor help with the cleaning and the painting during business hours Monday to Friday we do not finds this credible. Also, that it is not reasonable to invest such a huge amount of money into a business, and then rely on someone else to oversee the business, while the claimant would continue to look for work. The Board finds as fact that the claimant was spending time and energy setting up his business to be self employed and this was his main intention. The BOR also finds that the claimant conducted a minimal job search. The Umpire confirms the BOR decision and the appeal of the claimant is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
| week of unemployment |
preparatory activities in commencing business |
|
|
| week of unemployment |
availability for work |
|
|
Decision 39889
Full Text of Decision 39889
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
Claimant's preparations for the opening of his business and his failure to return to his former job when the opportunity arose signified that the claimant was occupied with preparations for his own business and was not available for work.
Decision 18279
Full Text of Decision 18279
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
A claimant otherwise available fully subscribes to the conditions of para. 14(a) if, on the facts of the case, it may be found that she is seeking to create her own employment. Like restrictions, some time may be allowed to give her the opportunity to adjust. 5 weeks allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
knowingly |
|
|
| week of unemployment |
preparatory activities in commencing business |
|
|
Decision 11807A
Full Text of Decision 11807A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
Building purchase, renovations and other work to be done certainly required substantial investment of time, but this does not make claimant irreparably not available; question of fact.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
preparatory activities in commencing business |
|
|
| week of unemployment |
availability for work |
|
|
Decision 11926
Full Text of Decision 11926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
Seems to me that a person is not available and not seriously looking for work if intention is to start own business in near future and person is preparing self and premises for opening.
Decision 11213A
Full Text of Decision 11213A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
Not enough to state one is available; must also demonstrate availability by serious and constant efforts to seek employment. Aim of UI scheme not to subsidize opening a business.
Decision 11359
Full Text of Decision 11359
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
setting up a business |
|
Summary:
Held not available by Board. Claimant's new venture was sufficient to take him out of the job market. Though he may say he was available if opportunities had arisen, claimant appeared to be more preoccupied with the project than making any effort to search for employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
preparatory activities in commencing business |
|
|
Decision 41288
Full Text of Decision 41288
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
volunteer work |
|
Summary:
Claimant worked in a family business 4 or 5 hours a days, 2 days a week and was not paid. She was satisfied with this so didn't look for any work. Umpire stated that the jurisprudence clearly established that she was not available by admitting that she was satisfied with what she was doing, learning the restaurant business by helping in the family restaurant.
Decision 20982
Full Text of Decision 20982
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
volunteer work |
|
Summary:
Claimant undertook volunteer work for a 3-month period with the Better Business Bureau with a view to retraining herself for office work. This led to her obtaining a permanent job 2 months later. The Board found she was not making serious efforts to find work during that period.
