Summary of Issue: Pattern Study-Work Long Ago

Decision 62580 Full Text of Decision 62580

The Commission denied benefits to the claimant who was studying on a full-time basis. The latter demonstrated a history of working/studying that went back more than two years ago. The Umpire concluded that the BOR erred in refusing to consider this element of proof.

Decision 27507 Full Text of Decision 27507

Worked 2 weeks in 8-93 and was laid off. Commenced course on 7-9-93. Received UI while at university in 1990-91-92 while employed part-time. Board's finding perverse. The fact that he worked part-time in 1990-91-92 while attending college is recent history. That evidence rebuts the presumption.

Decision 25864 Full Text of Decision 25864

For many years jurisprudence has ruled that full-time attendance at school and availability for work are incompatible. The so-called experience of part-time work while attending school must be a current experience, and only when laid off from that work may a more favourable consideration be given.

Decision 20722B Full Text of Decision 20722B

Found ineligible from 8-10-90 to 7-12-90. According to the Board, the insured has an employment/study history for the year 1988, but nothing more recent. In my opinion, it is quite relevant that the Board noted that the work-study situation in the immediate past was quasi-absent.

Decision 22820 Full Text of Decision 22820

Ceased full-time work to return to school on 5-9-91. Established pattern of working while in high school from 1982 to 1984 and in first year of university in 1985. Worked full-time from 1986 to 1991 while not engaged in a course of study. Reasonable time to be allowed (some 10 weeks).

Decision 22495 Full Text of Decision 22495

The Board erred in law in allowing the case by blatantly ignoring the fundamental rule regarding non-availability of full-time students in university, and by placing undue and mistaken emphasis on an ancient history of part-time employment in a capacity other than that of student.

Decision 21322 Full Text of Decision 21322

History of work and attendance at school falling prior to qualifying period. The Board denied her appeal on the ground that she has not established that pattern in the course of her qualifying period. The claim may not be disallowed on that sole ground.

Decision 20388 Full Text of Decision 20388

Although she may have worked part-time while attending high school, she had clearly not been doing so for well over a year prior to attending university in 9-89. In fact, during the 1988-89 school year, she had also attended university and was not working at all during that time.

Decision 20291 Full Text of Decision 20291

Exceptions to this rule are extremely rare. Claimants who have simply held part-time jobs while attending high school in earlier years would not fall into this category. Rather one must show that he has been working part-time on a continuous basis over a sufficiently long period.

Decision 20247 Full Text of Decision 20247

Her mere statement that she would be willing to leave the course together with a work pattern established 7 or 8 years ago while in attendance at high school are not sufficient evidence to support a finding of availability when there was no effort beingmade to find employment.

Decision 19221 Full Text of Decision 19221

The employment period was reportedly already used to obtain benefits for him in the past. In the view of the CEIC, the same job-study history cannot be used twice. No precedents were cited or submitted; I do not see why such a history could not be used more than once.

Decision 16165 Full Text of Decision 16165

Leaves full-time work to attend a course. The CEIC contends that the Board erred in considering a history of work and school that occurred 4 years earlier. No error of law nor perverse or capricious finding. Non-availability not automatic. Presumption may be rebutted. Job search.

Decision 12535 Full Text of Decision 12535

Claimant argued that she had a work history. That is true, but it was not a recent work history. It was at least 3 years before. At the time she started going to college, there was no recent history of part-time student employment.