Decision 76204
Full Text of Decision 76204
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Summary:
The claimant voluntarily left her full time employment without just cause pursuant to sections 29 and 30 of the E. I. Act and has not proven her availability for work pursuant to paragraph 18(a) of the Act. The claimant indicated that she left her job to return to school, also that if full-time work conflicted with her course she would choose to finish her course. The claimant indicated that she would not be available for work as she would be attending classes during the day and also had a young child to look after. The jurisprudence has been consistent that this is not just cause for voluntary leaving. The appeal by the claimant is dismissed by the Umpire.
Decision 75069
Full Text of Decision 75069
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
The claimant was attending a university in Maine, in the United States. She lived in New Brunswick only five minute drive away. Her classes started in September of 2009 and will last until 2011. Her time in class is Monday and Tuesday, 8:30 to 4:00, and Wednesday and Friday, 8:30 to 9:20 and 2:00 to 5:00. She also attends on Thursday from 8:30 to 9:20 a.m. The claimant spends about two to three hours per day on homework and was not willing to give up her course. She has not established that she is available for work as required by s. 18(a) of the Act. The appeal by the claimant is denied by the Umpire.
Decision 30141
Full Text of Decision 30141
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Claimant registered in a bachelor's course in mechanical engineering. Attends classes 38.5 hours per week, and has to devote 20 hours a week for study. He must also eat and sleep. Thus it is not possible for him to hold a full-time job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
job search |
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Decision 26452
Full Text of Decision 26452
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Claimant attending university 13 hours a week (considered full-time student). This does not include the time required to get to classes and return, nor the time required to prepare for courses and work on assignments. To consider "availability" simply on class hours is unrealistic and erroneous.
Decision 22191
Full Text of Decision 22191
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
The claimant devoted 13 hours a week to his courses. He therefore needed at least 13 hours a week in preparation for these courses as well as a certain number of hours for transportation, eating and sleeping. He is not pursuing part-time studies, otherwise he could not have received a bursary.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
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| availability for work |
courses |
pattern study-work as requirement |
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Decision A-0239.90
Full Text of Decision A-0239.90
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Granted he was only attending classes for 8 to 10 hours a week, but this precluded him from holding down a regular 9 to 5 job. As well, when one considers that a student is expected to put in at least 1 study hour for each class hour his schedule would reach from 16 to 20 hours. Upheld by FC.
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 |
weight of statements |
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Decision 17848
Full Text of Decision 17848
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Refer to: A-0239.90
other summary
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| penalties |
courses of study |
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| availability for work |
courses |
substantial fees paid |
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| availability for work |
courses |
weight of statements |
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Decision 16095A
Full Text of Decision 16095A
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Left teaching work to be closer to university. The courses required him to attend 6 hours a week but on 4 separate mornings. He said he would be available when not attending classes. The Board gave proper effect to the well established presumption. No error in law.
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 |
purpose of the legislation |
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Decision 16508
Full Text of Decision 16508
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| availability for work |
courses |
time required for studies |
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Summary:
Whether his courses were full-time or part-time is irrelevant since the irregular hours had the same effect. UI is not intended to subsidize students.
Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Even though the claimant may not have attended classes, she was required to do so, and admitted to doing home study in order to prepare for her exams. Whether she studies at home, or goes to classes, her time is occupied with the course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| 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 |
purpose of the legislation |
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Decision 15422
Full Text of Decision 15422
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| availability for work |
courses |
time required for studies |
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Summary:
A schedule from 4:10 p.m. until 10:15 p.m. every day that is 30 hours a week; no employment experience although taking courses; the statement that he would be available during normal working hours was rejected by the Board.
Decision 14361
Full Text of Decision 14361
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Insured stated he was available 6 days per week until midnight from when his course hours ended. Impossible for me to believe this statement in view of hours required by classes, studying, meals and transportation. No evidence that timetable can be changed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
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Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Summary:
The long line of decided cases have consistently held that a claimant is in fact and in law unable to discharge proof under s.25 if full-time course on own initiative. It would be a contradiction in terms for a student to assert available when at school5 days a week.
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 |
weight of statements |
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| availability for work |
courses |
purpose of the legislation |
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Decision 13898
Full Text of Decision 13898
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| availability for work |
courses |
time required for studies |
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Summary:
I am satisfied that he is not prepared to quit his courses as he had devoted considerable effort to them. Agree that he is attending courses only 7 hours per week. However, he has to spend equal time on studies. No active search.
Decision 13617
Full Text of Decision 13617
summary
| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
I do not believe it possible to be able to work at a full-time job when attending 30 hours per week of school. With the hours needed for class, for preparation, for eating, for transportation and for sleeping, it is virtually impossible to be available for work.
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 |
purpose of the legislation |
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Decision 13586
Full Text of Decision 13586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
time required for studies |
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Summary:
She had only 4 hours of courses per week and therefore was not studying full-time. It is up to her to rebut the presumption of non-availablity because she is a student. I am of the opinion she has succeeded in rebutting this presumption which the case law imposes on students.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
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Decision 12582
Full Text of Decision 12582
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
time required for studies |
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Summary:
As claimant had not established a pattern of full-time work in addition to university studies, it was open to the Board to conclude that anyone occupied with 9 hours of classes per week plus the necessary time for preparation was not available. Retroactive ruling.
other summary
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| penalties |
courses of study |
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Decision 11801
Full Text of Decision 11801
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
6 week English course from 9:00 to 12:00, Monday to Friday. Prepared to work from 1:00 to 5:00 and tried to find work. No history.
Decision 11633
Full Text of Decision 11633
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| Issue: |
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| availability for work |
courses |
time required for studies |
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Summary:
Leaves shift work to attend course every week day in the afternoon. Available mornings and evenings. Subsequently found such work. The law does not provide for part-time benefits when seeking part-time employment unless previous pattern.
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
time required for studies |
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Summary:
Law consistently interpreted as denying benefit when a person is attending a course with definite goal in mind and to which he must necessarily devote full time, attention and energy. Not sufficient to say that he would abandon the course if a job offered.
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 |
purpose of the legislation |
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Decision 11006
Full Text of Decision 11006
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Summary:
Reading class 22-5 to 21-6. Did not attend lectures but was given books to read, then had to write paper. Attended another course 31-7 to 20-8 which could be converted into reading class. The Board erred in fact. Job search was not the issue but the nature of the course was.
other summary
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Sub-Issue 3: |
| penalties |
courses of study |
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Decision 10874
Full Text of Decision 10874
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| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
time required for studies |
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Summary:
2 nights a week plus Thurday day-time. Claimant would drop Thursday if full-time job available and, while employed, he attended courses 2 nights a week. I cannot accept that this gives rise to a presumption of non-availability. However, job search inadequate.
Decision 10632
Full Text of Decision 10632
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Summary:
Courses were given exclusively in the evening and on weekends. Could it be argued that he was not available? Of course not. Erroneous finding of fact without regard to all material. Job searches.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
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Decision A-0690.75
Full Text of Decision A-0690.75
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
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Summary:
Nursery workers who take leave to attend courses, when their occupation is destined to disappear. It seems plain that a person who attends courses 5 hours per day, 5 days per week, is not available (except in exceptional circumstances).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
negligence by Commission |
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