Decision 42097
Full Text of Decision 42097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Claimant took a course of instruction to which he was not directed by the Commission. Umpire stated that the EI Act is not designed to pay students for their expenses while attending school. It is only for those who are genuinely unemployed to provide them with money to tide them over until they find employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| voluntarily leaving employment |
legislation |
rationale |
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| voluntarily leaving employment |
personal reasons |
courses of study |
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Decision 39372
Full Text of Decision 39372
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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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: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
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Decision A-0261.97
Full Text of Decision A-0261.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Claiamnt took a taxi-driver’s course on a part-time basis, but did not disclose this information because he had a wife and child, and needed his unemployment insurance benefits. BOR upheld the Commission’s decision that no benefits could be paid to the claimant because he was taking a course to which he had not been referred. FCA found that the claimant’s praiseworthy efforts to take retraining and to support his family did not exempt us from the obligation to apply the UI Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| week of unemployment |
taxi drivers |
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| penalties |
availability for work |
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| penalties |
courses of study |
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| penalties |
knowingly |
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Decision 37281
Full Text of Decision 37281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
It has often been said that the main purpose of UI is to assist people who through no fault of their own have been dismissed from their employment and is an emergency measure to tide them over until they receive other employment. It is not the purpose of the UI Act to assist students to attend university at the expense of the Canadian taxpayer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
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Decision 36023
Full Text of Decision 36023
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
The general rule is that if a student's hours affect his availability for full-time job he is disentitled to benefits unless, by exception, he can establish that on previous occasions he has been able to undertake full-time employment and at the same time pursue his courses. [ Comprehensive review of the factors leading to non-availability while on course]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
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Decision 35921
Full Text of Decision 35921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
The U.I. system has not been established to financially support full-time students but rather to assist workers who have lost their employment through no fault of their own and are actively searching for other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
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Decision 21961A
Full Text of Decision 21961A
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
purpose of the legislation |
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Summary:
The UI scheme is to assist people who lose their jobs, are capable of working, and for every day of their benefit period are actively seeking suitable employment. The purpose of UI is not to provide bursaries or scholarships to help a student in need. There are other programmes for this purpose.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
substantial fees paid |
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| availability for work |
courses |
employment left |
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Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
The whole underlying scheme or purpose of the UI legislation is to protect unemployed persons against the rigours of involuntary unemployment, not to subsidize students pursuing educational goals, however laudable their intentions may be.
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 long ago |
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| board of referees |
errors in law |
not applying jurisprudence |
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| availability for work |
courses |
pattern study-work as requirement |
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Decision 22191
Full Text of Decision 22191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Many full-time students seem to forget the main purpose of Unemployment Insurance benefits. They are not to be used as a subsidy to full-time students. Students can obtain loans and bursaries to meet their financial needs.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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| availability for work |
courses |
pattern study-work as requirement |
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Decision 18337
Full Text of Decision 18337
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
The general rule is that a claimant is not available for employment when educational courses are followed full-time. UI is not intended to subsidize a claimant while at school, college or university, no matter how meritorious his or her intentions and desire for self-improvement.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
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Decision 17578
Full Text of Decision 17578
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
UI is not intended to subsidize a claimant who wishes to go to school, however meritorious his intentions may be. One who is attending a course to which not referred by the Commission is presumed to be unavailable for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
appeal |
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Decision 17496
Full Text of Decision 17496
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Attending a course so as to improve his chances of being accepted as a college student is to be commended but UI is not intended as a bursary to finance one's education no matter how worthy that course of conduct may be.
Decision 17299
Full Text of Decision 17299
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Completing one's education or training is a laudable objective. However, it is not an objective which the UI Act is designed to serve. That Act seeks to provide support for those who have lost employment through no fault or choice of their own and are available.
Decision 16095A
Full Text of Decision 16095A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Time and time again students have argued that by attending university they are bettering themselves and making themselves more employable, that system encourages them to do nothing and receive UI. Those arguments have not prevailed simply because UI notintended to students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
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| availability for work |
courses |
employment left |
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| availability for work |
courses |
time required for studies |
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Decision 15439
Full Text of Decision 15439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Refer to: A-0787.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
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Decision A-0787.88
Full Text of Decision A-0787.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Full-time attendance at a course generally renders a claimant not available. To prove otherwise, claimant must show that he or she has established a regular pattern of work while attending courses. UI is not meant to subsidize courses. Upheld by FC without comments.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
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Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
It has been noted on numerous occasions by Umpires that UI is not intended as a subsidy to enable a claimant to pursue studies however meritorious his intentions may be.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
statement of facts |
not to be read strictly |
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| availability for work |
courses |
weight of statements |
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| availability for work |
courses |
time required for studies |
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Decision 15698
Full Text of Decision 15698
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The purpose of the legislation is to assist unemployed individuals seeking employment and not to subsidize students, even if obtaining a degree increases the chances of employment.
Decision 14282
Full Text of Decision 14282
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Jurisprudence has established the general rule that a full-time student is not available. It has been held numerous times that benefits are not designed to substitute for bursaries, student loan funds or whatever other financial aid may be available forstudents.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
purpose of ui system |
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Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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Summary:
Claimant's perception shared by many claimants in the face of their sincere efforts to acquire skills. This, however, is a matter of policy not interpretation. If the thrust of the legislation is to deny financial means, it must still be respected and followed.
Commendable for one to pursue program to better qualifications. It does not follow that the UI fund may be used as an oblique form of student bursaries. There are other federal-provincial and programs for this purpose.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
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| availability for work |
courses |
time required for studies |
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| availability for work |
courses |
weight of statements |
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Decision 13800
Full Text of Decision 13800
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Benefits not intended to subsidize self-improvement, education or the acquisition of new skills of claimants who have effectively taken themselves out of the work force to attend full-time courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The Act was not passed to help finance students attending school. If students need financial assistance, they should first attempt to find summer work and part-time employment. Students can also apply and sometimes obtain scholarship and bursaries.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
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| availability for work |
courses |
time required for studies |
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Decision 12572
Full Text of Decision 12572
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
UI scheme not intended as a mechanism to support university studies. Her decision is certainly commendable but in doing so she put at risk her UI because it is intended for people who are fully available.
Decision 12044
Full Text of Decision 12044
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Even if claimant can be said to have established a work pattern outside class hours, it is evident that she was not seeking such employment. UI is not intended to subsidize continuing education for which aid must be sought from other programs.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 11828
Full Text of Decision 11828
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Although one admires claimant's determined effort to improve on her employability, looking for work is also a full-time job. Her real concern is that no subsidy available. This cannot be remedied by this Court and the view should be expressed to government.
Decision 11278
Full Text of Decision 11278
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
After working full-time for 8 years, she left to return to school. The UI Act is not a program to subsidize individuals who give up jobs and wish to return to school. Commendable that people do so, but not the responsibility of the CEIC.
Decision 11227
Full Text of Decision 11227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
If a training or education program voluntarily undertaken by a claimant is deemed a virtuous pursuit, it does not follow that UI law must now provide universal bursaries to students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
claimants treated differently |
|
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| board of referees |
jurisdiction |
priority of law |
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| availability for work |
courses |
presumption |
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| availability for work |
courses |
weight of statements |
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Decision 11146
Full Text of Decision 11146
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Mere willingness to work is not sufficient as it has frequently been stated that the UI Act is not intended as a means of subsidizing students even though they are improving their eventual chances of obtaining employment.
Decision 11020
Full Text of Decision 11020
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
The Act establishes an UI scheme. It is not a student benefit programme, nor a social security programme. By exception, a claimant may participate in a course approved by CEIC geared to labour market requirements for particular skill.
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Summary:
Claimant under misapprehension. He does not meet the availability requirement, no matter how virtuous might have been his decision to enter into an extensive course. The Act is not to be construed as providing bursaries or scholarships to full-time students.
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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| availability for work |
applicability |
necessary conditions |
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| availability for work |
courses |
time required for studies |
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