Decision 72159
Full Text of Decision 72159
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant was an immigrant and had a study permit. The claimant quit her job because she was taking a financial planning course. Her work permit expired as of August 31, 2007. She advised her employer that she was returning to school. The jurisprudence has shown that a person who voluntarily leaves their employment must show that they had just cause as the burden is on them unless they can show that they had no reasonable alternative and they must also show that they have availability while attending the course. On the issue of availability, it is clear that the claimant when taking a full time course of study is not available for work unless she shows that she complies with s. 18 of the Act. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision A-0736.01
Full Text of Decision A-0736.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant left his employment to return to full-time studies. The Court points out that the issue of availability is an objective question, and finds that the claimant was not available for work given his voluntary restrictions.
Decision 52688
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Refer to summary indexed under FCA A-0736.01
Decision 26011
Full Text of Decision 26011
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The fact that claimant voluntarily left her part-time employment while attending school on a full-time basis, combined with her lack of a serious and continuous job search and the fact she was only willing to accept part-time work, clearly show that her primary concern was to attend her course.
Decision 21961A
Full Text of Decision 21961A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
In my view of the evidence, including the claimant's whole course of conduct in leaving her employment in order to enroll in a word processing course and paying a $2,700 fee, such a self-serving statement (that she would leave the course) cannot carry the kind of weight the Board attributed to it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 22642
Full Text of Decision 22642
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant voluntarily left her employment in order to enrol in the University of Quebec at Trois-Rivières. The claimant very clearly and unambigously showed, by her actions, that her principal aim was not to work, but to continue her studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 18691
Full Text of Decision 18691
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The fact that she left work to attend the course, that it was the 2nd year of a 2-year course, her attendance, her personal investment, the restrictions on type of work and the limited job search all indicate an intention to attend the course rather than find employment.
Decision 18481
Full Text of Decision 18481
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Heavy burden of proof on full-time students. Mere statements of availability are not sufficient. She left her job to attend a full-time course. It defies all logic to accept she would leave the course, into which she had made a substantial cash investment, to return to her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 18477
Full Text of Decision 18477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant left a full-time job in Toronto to return to school in Newfoundland. The Board erred when it found that she was available on the basis that she was working part-time on week-ends. Availability means available for full-time work during generallyaccepted working hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 18475
Full Text of Decision 18475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
It defies all reason that a person would ask for and obtain a 9-month leave of absence from employment to attend a course of instruction and then assert that she was, during that period, actively looking for employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
|
Decision 16095A
Full Text of Decision 16095A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The claimant did state he would be prepared to leave the course if suitable work found but that is a statement of questionable credibility considering he had left his employment to return to university to complete the courses required for his degree.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
time required for studies |
|
Decision 16534
Full Text of Decision 16534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I agree with the Board's reasoning that it is not logical to accept claimant's submission that he would have left the course to accept employment in the same or related job when he had quit that job for the purposes of taking the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
|
Decision 14617A
Full Text of Decision 14617A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant argues that as a result of a 6-week disqualification for leaving work he ought to be entitled to UI once the disqualification ends. This would be acceptable if a second disqualification for attending a full-time course had not been imposed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
courses |
pattern study-work not at same time |
|
| availability for work |
restrictions |
part-time work |
employed |
Decision 15667
Full Text of Decision 15667
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant took leave of absence from casual work to attend course. There is evidence that her real interest was in completing her course because her leave of absence would preclude her from being offered employment by former employer should the occasion arise.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 15662
Full Text of Decision 15662
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Ample evidence to support the Board's finding. Claimant left her employment to attend the course, she was paying a substantial sum ($800) by way of tuition and, although she said she would be willing to leave the course, no convincing evidence of job search.
Decision 15581
Full Text of Decision 15581
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant must convince the Board that work is his prime concern and that the course is only secondary. He left a part-time job to spend more time on his studies. This does not support willingness to work or leave the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
evidence new |
|
Decision 14330
Full Text of Decision 14330
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Declared he was prepared to quit course in event of suitable employment. I am certain that he would not have quit hiscourse since he said himself that he had quit his job to go back to school.
Decision 13805
Full Text of Decision 13805
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
The Board noted that claimant had left her full-time job to attend school. As this, of course, leads to the reasonable conclusion that she would not leave school to take up a full-time similar job, attempts were made to obtain her real motives.
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I find this statement (willing to quit school if work found) difficult to believe as I am satisfied that the claimant quit his employment for no other reason than to return to school.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 13593
Full Text of Decision 13593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
I would find it most unusual for an individual who decided to leave a well paying job to return to complete his final year of study at University to abandon his course of study for a job.
Decision 12602
Full Text of Decision 12602
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
Claimant was granted by his employer a 2-week leave to take flight training and obtain his pilot licence. There is no doubt that the claimant was unavailable for work.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
To leave employment without just cause 1 year earlier on a previous course invites a 6-week disqualification. When this has been done a claimant is entitled to have future claims adjudicated without reference to that previous event unless a course of conduct is established.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
job search |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
disentitlement not automatic |
|
Decision 12311
Full Text of Decision 12311
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Summary:
As to the claimant's statement that she would leave the course if suitable employment were found, she was employed full-time and left to take the course. Every reason not to believe that she would leave the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
