Summary of Issue: Job Search


Decision 74921 Full Text of Decision 74921

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

The claimant said he started his training before losing his employment and said he was willing to leave the training or modify his schedule if he found other employment. The Commission told the claimant that he could not receive benefits because he was not available for work while taking his course to which he was not referred. Claimants must prove their availability within the meaning of the Act for every working day. In this case, the claimant appears to have conducted only one job search since being laid off five months ago. The Commission's appeal is allowed by the Umpire.


Decision 30141 Full Text of Decision 30141

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

It is too easy to simply write the name of companies on a piece of paper, and to say afterwards that one has made searches. Without copies of job applications, letters of refusal, or other acknowledgements, that type of proof is useless for all pratical purposes.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses time required for studies

Decision 24280 Full Text of Decision 24280

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

Even for a part-time student, trips to the job bank (at the university) alone are not sufficient to demonstrate an inability to obtain suitable employment over many weeks. There must be some documentary evidence recording personal attempts to follow up leads with queries or to obtain interviews.


Decision 20599 Full Text of Decision 20599

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

The Board erred in law by imposing upon CEIC the burden of proving that the beneficiary was not available. This burden falls upon the beneficiary and not upon CEIC. It also erred in fact and in law by taking into account search for employment conducted before the beginning of the course.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses onus of proof
board of referees errors in law attending classes
board of referees errors in law burden of proof

Decision 20247 Full Text of Decision 20247

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

The only evidence submitted by claimant was a list of employers who would be willing to hire someone to work during the hours in which she was not taking classes. There is, however, nothing to indicate that she contacted any of these employers to enquire about obtaining work.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption
availability for work courses pattern study-work long ago
availability for work courses weight of statements

Decision 19834 Full Text of Decision 19834

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

Frequently claimants will present well documented searches for employment. Almost invariably the Boards recognize these as activities directed, not so much to a genuine search for employment, but as a genuine attempt to qualify for UI. Main interest here was to attend the course.


Decision 18559 Full Text of Decision 18559

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

Following dismissal from a senior management level position, enrols in a 4-week real estate course while sending out resumes to various companies throughout Ontario. Evidence overwhelming in this regard. More evidence to verify that he would quit than there is to refute it.


Decision 15287 Full Text of Decision 15287

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

4-week course in real estate. No evidence that she was prepared to leave the course if other suitable work presented itself. The fact that she had sent out a number of résumés is not sufficient to rebut the presumption of non-availability arising out ofa full-time course.


Decision 13883 Full Text of Decision 13883

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

I agree that those two attempts to find employment did not amount to a continuous effort to seek work and do not rebut the presumption of non-availability which arises when a claimant is attending a full-time course.


Decision 12969 Full Text of Decision 12969

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

While she tried to find work that she could do while continuing university education, which is commendable, nonetheless she was still a student taking courses during normal working hours and had not been directed to do so by the CEIC.


Decision 12381 Full Text of Decision 12381

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

Availability assumes that one's real intention is to obtain work and not continue the course. Evidence of this will consist of active and extensive job search, not with a view to eliminating the disentitlement but with a real effort to find a job.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses presumption
availability for work courses weight of statements
availability for work courses disentitlement not automatic
availability for work courses employment left

Decision 11989 Full Text of Decision 11989

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

The fundamental rule is that a student attending a full-time course is not available for regular employment and his willingness to accept work during available hours even accompanied by searches is insufficient to set aside the presumption of non-availability unless work pattern.

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

Decision 10760 Full Text of Decision 10760

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses job search
Summary:

Not sufficient to claim to be available; must prove capable of seeking suitable employment. Doing search only at times when offices closed, being able to accept only restricted conditions not sufficient. Not a study grant.

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