Decision 40597
Full Text of Decision 40597
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
The case law has clearly established that the concept of availability implies a sincere desire not only to make oneself available, but also, and above all, to make a serious effort to find a job. In the present case, it seems that a single job search does not meet the requirements of the above-noted criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
applicability |
proof |
|
Decision 38249
Full Text of Decision 38249
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
In order to be eligible for benefits it is incumbent upon a claimant to prove that he is available for employment. This means availability for full-time employment during the hours accepted as normal working hours in the labour market as well as evidence of a genuine and ongoing job search.
Decision A-0056.96
Full Text of Decision A-0056.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Construction worker skilled in the installation and repair of roofs. Claimant disentitled only one month after filing his claim, because of the kind of work he was looking for. In the absence of any precise definition in the Act, the FCA reiterated that availability had to be verified through analysis not of one, but of three factors: 1) the desire to return to the labour market as soon as suitable employment is offered; 2) expression of this desire through job searches; 3) non-establishment of personal conditions that can unduly restrict employment opportunities. The FCA decided, in reading the reasons given by the BOR and by the Umpire, that only the third factor had been taken into consideration, and that a finding of unavailability could not be reached from such a narrow base.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision A-0057.96
Full Text of Decision A-0057.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Case identical to that of Michel Faucher (FCA A-0056.96). See summary indexed under this case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 35661
Full Text of Decision 35661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Every claimant must, in accordance with the Act and Regulations, meet certain requirements, such as being available, in order to be entitled to benefits. However, a claimant's availability must be demonstrated by a real and active job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
job search |
recall or other probable employment |
|
Decision 30987
Full Text of Decision 30987
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 30988
Full Text of Decision 30988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 25193
Full Text of Decision 25193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Standard availability has been described as the willingness to accept immediately any employment opportunity in one's work area by using any available means of transportation, without demanding anything more than what is suitable under the legislation in terms of type of work, wages, salary, hours.
In order to show that they are available, claimants must establish that they are willing and ready to accept any employment for which they are suited by skill, training or aptitude, and for which there is a normal demand in the labour market.
Standard availability has been described as the willingness to accept immediately any employment opportunity in one's work area by using any available means of transportation, without demanding anything more than what is suitable under the legislation in terms of type of work, wages, salary, hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
|
| availability for work |
applicability |
definition |
incapacity |
| umpires |
grounds of appeal |
capricious finding |
meaning |
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 |
applicability |
definition |
|
Summary:
Parliament has established clearly in s. 14 that a claimant must be available but has left it at that. A definition of the concept is nowhere to be found. No doubt it was felt useless to add that availability was a question of fact to be considered on the basis of all the circumstances of each case.
Availability is usually described, in the case law, either as a sincere desire to work demonstrated by attitude and conduct and accompanied by reasonable efforts to find a job, or as a willingness to reintegrate the labour force under normal conditions without unduly limiting chances of work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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 |
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 |
applicability |
definition |
|
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 |
|
| availability for work |
restrictions |
type of work |
|
| board of referees |
legislative authority |
purpose of ui system |
|
| refusal of work |
suitability |
defined |
|
| availability for work |
restrictions |
geographical area |
after moving |
Decision 21933
Full Text of Decision 21933
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Claimants are only required to be available for "suitable" employment until asked by the CEIC to broaden their job search. Suitability is defined by reference to the type of work held before becoming unemployed. Refusing work that is not suitable does not show unavailability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 18824
Full Text of Decision 18824
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
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 |
restrictions |
labour market information |
|
Decision 18347
Full Text of Decision 18347
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is characterized as a willingness to work under normal conditions without undue restrictions. Willingness is a personal factor evinced by conduct. It presupposes a sincere desire to work and reasonable efforts. One can freely do just as onepleases if UI not claimed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
|
Decision 17604
Full Text of Decision 17604
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact and generally the Board is in the best position to make this determination. Availability is a willingness to work under normal conditions without undue limitations. Willingness is a personal factor demonstrated by one's attitude and conduct.
Decision 14028A
Full Text of Decision 14028A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact to be examined and weighed by taking into account not only one's intentions, but also the number and frequency of job opportunities which may exist in the type of job one is capable of undertaking, in the area in whichone wants to be employed.
Decision 16075
Full Text of Decision 16075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Not enough to have paid premiums and be out work, one must also be available. This implies a willingness to work under normal conditions, a sincere desire to work accompanied by personal efforts to find work. Burden on proof on claimant. [layoff requested by claimant]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
| availability for work |
applicability |
necessary conditions |
|
Decision 13363A
Full Text of Decision 13363A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Chiefly a question of fact. It implies a willingness to work under normal conditions without unduly limiting chances of employment. Willingness is a personal factor demonstrated by one's attitude and conduct. Claimant must establish search for employment and readiness. [p. 5]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
labour market information |
|
Decision 14357
Full Text of Decision 14357
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
The definition of "available" does not include the requirement of being authorized to work. Dictionary meanings examined. Availability does not mean capable as that term is also used in 14(a). It means "accessible" or "obtainable". Non-availability is not automatic but is a handicap.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
oral evidence |
|
| availability for work |
restrictions |
work permit limitations in canada |
|
Decision 12735
Full Text of Decision 12735
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
It presupposes a sincere desire and efforts, not unduly restrictive. Restrictions not objectionable initially will become so if maintained for unreasonable period. Whether reasonable depends upon facts and is a matter of judgment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
full-time |
|
|
| availability for work |
restrictions |
part-time work |
|
Decision 12313
Full Text of Decision 12313
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact and implies that a claimant must be ready, willing and able to accept immediately any offer of suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 12281
Full Text of Decision 12281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work, accompanied by personal efforts to find work. Those efforts must be active and a claimant is obliged to show diligence in seeking suitable employment and cannot rely upon others to find it for him. [p. 6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
| board of referees |
natural justice |
notice of hearing |
|
| board of referees |
weight of statements |
hearsay |
|
| availability for work |
applicability |
rationale |
|
Decision 11813
Full Text of Decision 11813
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
It presupposes a sincere desire, personal efforts and conditions not unduly restrictive. Non-availability may be evidenced by unreasonable restrictions. While not objectionable initially, they may become so after a period of time and claimants must lookoutside usual occupation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
type of work |
|
| teaching |
availability for work |
summer months |
|
Decision 11756
Full Text of Decision 11756
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is essentially a question of fact and implies that any claimant must be ready, willing and able to accept immediately any offer of suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
from a Commission agent |
|
| availability for work |
job search |
as a requirement |
|
Decision 11731
Full Text of Decision 11731
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Initially, conditions of employment and range of availability may be limited. Mere statement of availability not sufficient. Active search necessary, not passive waiting.
Decision 11365
Full Text of Decision 11365
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Broad principles that apply: active searches showing sincere desire to work, no requirements included as to type of work, level of pay and hours or because of transportation.
Decision 11069
Full Text of Decision 11069
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
When all is said and done availability is essentially a question of the intention of the claimant. Does one really desire to be a member of the work force and does the action taken to accomplish that desire (job searches) substantiate the expressed intention?
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 10993
Full Text of Decision 10993
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work, personal efforts to find work and conditions not unduly restrictive. Non-availability may be evidenced by unreasonable restrictions on type of employment, wages or area. Restriction might not be objectionable initially.
Decision A-0706.84
Full Text of Decision A-0706.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work accompanied by personal efforts and conditions not unduly restrictive. Efforts must be active, not just passive and one must not be merely in a state of readiness, said the Umpire. The Umpire did not errin his conclusion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
deferred salary leave |
|
| availability for work |
incompatible situations |
leave requested |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 25193
Full Text of Decision 25193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
Summary:
Capability is to be interpreted as meaning capable of performing work of some kind as an employee, as it is ordinarily done and under conditions in which employees under a contract of service ordinarily work. This will usually be related to the claimant's physical condition. A question of fact.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
|
| availability for work |
applicability |
definition |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 16061
Full Text of Decision 16061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
Summary:
The requirement in 14(a) that a claimant must be capable for work refers to physical capability in the sense of being physically well or not being subject to some restraint which makes the person unable to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
