Decision A-0669.02
Full Text of Decision A-0669.02
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
Student found unavailable for work because she would only accept full time work at a specific salary. The Court stated that the absence of personal conditions that might unduly limit the chance of returning to the labour market is a factor that must be considered in reaching a conclusion with respect to availability. The Court quashed the Umpire's decision on the ground that neither the BOR nor the Umpire had taken into account the claimant's restricted availability.
Decision 55385
Full Text of Decision 55385
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| Issue: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Refer to summary indexed under FCA A-0669.02
Decision 39372
Full Text of Decision 39372
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
The case law has often reiterated that a full-time student, who is planning to work on a part-time basis during irregular hours and on weekends, is not available in the sense that is required by the Unemployment Insurance Act. Consequently, he does not fulfill the conditions for entitlement to benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Decision 38251
Full Text of Decision 38251
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| Issue: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Claimant registered in full-time studies. Reports that she is available to work Mondays, Wednesdays and Fridays from 5:00 p.m. to 9:00 p.m. Under the Act, a claimant is not entitled to receive benefit for any day with regard to which he cannot prove that he was able to work, was available for work and was unable to find suitable employment. Clearly, the requirements of the claimant's studies excluded her, for all practical purposes, from nearly all suitable jobs available at that time.
Decision 35820
Full Text of Decision 35820
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
It is established that a full-time student is generally not available for work. Such availability must be demonstrated for regular working hours and not only for weekends and evenings.
Decision 31357A
Full Text of Decision 31357A
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
It is not sufficient for a beneficiary to declare himself available for work, if his primary objective is not to get a job but to pursue his studies. In this case, the evidence on record shows that the beneficiary wanted, first and foremost, to continue with his law studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
bar admission |
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Decision 24573
Full Text of Decision 24573
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
History of part-time work while working full-time. This may have been considered a factor by the Board. In any case, it is clear that the claimant is not available for full-time employment and should not be eligible for benefits based on his prior full-time wages.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
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Decision 20538
Full Text of Decision 20538
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
The purpose of the UI Act is not to finance full-time students. The claimant's willingness to accept work in the evenings or during weekends is not evidence of being available as required by the Act; on the contrary, it indicates a lack of availability.
Decision 18477
Full Text of Decision 18477
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| Issue: |
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| availability for work |
courses |
extent of availability required |
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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: |
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Sub-Issue 3: |
| availability for work |
courses |
employment left |
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Decision 16242
Full Text of Decision 16242
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Leaves his job in 12-86 to take courses. Favorable ruling by the Board starting 24-8-87, since the insured accepted 15 hours of work per week. Error in law. The required availability is full time during normal business hours. No work/study experience.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work afterwards |
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Decision 16015
Full Text of Decision 16015
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Merely being available for weekends and evenings does not constitute availability. No indication claimant would have abandoned his studies to accept work. The intention of a claimant to really discontinue his course so as to accept work is a very important criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision 14317
Full Text of Decision 14317
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
While there may be justifiable exceptions, availability means availability for full-time employment during normal working hours of particular market-place. It presupposes a willingness to work under normal conditions without undue restrictions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
warning |
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Decision 13986
Full Text of Decision 13986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
extent of availability required |
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Summary:
To be viable, availability must not be fettered by excessive restrictions. Prima facie, a claimant who rules out the first three working days of the week from the outset seriously limits his availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
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| board of referees |
weight of statements |
contradictory |
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Decision 13438
Full Text of Decision 13438
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Courses from Monday to Thursday and, according to board, benefit must be paid for Friday. Decision reversed: full-time availability is required, unless has history of part-time.
Decision 11679A
Full Text of Decision 11679A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
extent of availability required |
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Summary:
Error of law to say that availability evenings and weekends is not what Act requires. While there is presumption that students not available, not sufficient to say this; must examine facts of case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
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| board of referees |
errors in law |
attending classes |
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Decision 11464
Full Text of Decision 11464
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
Availability required is full-time during normal hours. Rebuttable presumption. Object of Act not to subsizide studies. Summer work has no influence on availability during courses. Good history during courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work for brief period |
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Decision 11352
Full Text of Decision 11352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
In the absence of exceptional circumstances, availability for work is availability to work full-time during hours considered to be normal working hours. A claimant must be available at any time during a 24-hour period for the number of hours required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
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| availability for work |
courses |
pattern study-work for brief period |
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Decision 11296
Full Text of Decision 11296
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
In general, a claimant must be available at any time during a 24-hour period at the times specified by the employer. Here, claimant left employment and returned to school without looking for work. What he actually wants is not work but financial assistance during the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision 11203
Full Text of Decision 11203
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
Mere willingness to work and availability in afternoons or evenings is insufficient, as most students are seeking part-time work. S.39(1) implies non-availability of a claimant attending a full-time course to which not referred. Exception if pattern established.
Decision 11113
Full Text of Decision 11113
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
Extensive job search while on benefit. She then took a 4-week dog-grooming course and found work within a week following completion. The UI Act requires availability during normal working hours. Misinformation does not alter this.
Decision 10810
Full Text of Decision 10810
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Summary:
Failing exceptional circumstances, availability generally means full-time during normal working hours. Seeking work amounts to full-time job. One could not reconcile an effective job search with attendance at intensive course of studies. The rule is that there is a presumption.
