Decision 20613
Full Text of Decision 20613
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
The Board erred in law by ignoring the fundamental rule applicable to full-time students not referred to the course and attaching undue credence to self-serving assertions of work availability outside of class hours, in the absence of any history of part-time employment activity.
other summary
| Other Issue(s): |
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| board of referees |
errors in law |
attending classes |
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Decision 20600
Full Text of Decision 20600
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
Board's error in law. It in fact considered only one element, to wit that the student was ready to drop her course if someone called her for work as she had family obligations. This fact alone is not sufficient.
other summary
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| board of referees |
errors in law |
attending classes |
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Decision 20247
Full Text of Decision 20247
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
weight of statements |
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Summary:
Attending a full-time course raises a presumption of non-availability. But claimant may rebut it by evidence to the contrary. Merely stating she is available and she would leave the course does not suffice. Obtaining work must be a primary concern. Convincing proof is job search.
other summary
| Other Issue(s): |
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| availability for work |
courses |
presumption |
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| availability for work |
courses |
job search |
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| availability for work |
courses |
pattern study-work long ago |
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Decision A-0239.90
Full Text of Decision A-0239.90
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
weight of statements |
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Summary:
The fact that claimant says he would have quit university if suitable employment had been offered and that he had never refused any (because none was offered) is not evidence of a person actively seeking work, but more of one seeking not to be disentitled to UI. Upheld by FC.
other summary
| Other Issue(s): |
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| availability for work |
courses |
substantial fees paid |
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| availability for work |
courses |
time required for studies |
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Decision 18481
Full Text of Decision 18481
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
Heavy burden of proof on full-time students. Mere statements of availability are not sufficient. She left her job to attend a full-time course. It defies all logic to accept she would leave the course, into which she had made a substantial cash investment, to return to her job.
other summary
| Other Issue(s): |
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| availability for work |
courses |
employment left |
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Decision 17848
Full Text of Decision 17848
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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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 |
time required for studies |
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Decision 16182
Full Text of Decision 16182
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
courses |
weight of statements |
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Summary:
Claims his courses were transferable and that he can adjust them to accept work. However, in order to obtain government loans and bursaries, he stated that he was pursuing his studies full time. This sworn statement clearly indicates his intention.
Decision 14851A
Full Text of Decision 14851A
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
Normal expectation is full-time study does not leave time for full-time work. Failing referral by Commission, one must show this is one of those unusual cases. This requires more than a simple statement of intention, i.e. a history of work and study combined over several years.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| board of referees |
statement of facts |
not to be read strictly |
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| availability for work |
courses |
purpose of the legislation |
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| availability for work |
courses |
time required for studies |
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Decision 15760
Full Text of Decision 15760
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
It is firmly established that in only the rarest and most exceptional cases has a full-time student been able to meet 25(a). Presumption always very strong. Attendance at a school speaks louder than words. Mere statements of availability do not suffice.Pattern of work required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| availability for work |
applicability |
necessary conditions |
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Decision 15667
Full Text of Decision 15667
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
weight of statements |
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Summary:
Merely saying one would be prepared to leave the course will not ordinarily, by itself, rebut the presumption. That expressed intention must be accompanied by evidence such as a sustained and determined effort to find employment that shows where claimant's intent lies.
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 15412
Full Text of Decision 15412
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
weight of statements |
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Summary:
The Board rejected the statement of the insured person that he was ready to give up his courses if he found employment. This is a strict issue of credibility in which I would not normally become involved. The insured person did in fact leave 2 months later in order to accept employment. This is a new fact.
Decision 14550
Full Text of Decision 14550
summary
| Issue: |
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| availability for work |
courses |
weight of statements |
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Summary:
While he says he would be willing to leave the course, this appears somewhat unlikely as having gone this far preparing himself for his career as barrister and solicitor he would have to receive an unusual employment offer indeed to abandon his intentions.
other summary
| Other Issue(s): |
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| board of referees |
jurisdiction |
binding judgments |
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| availability for work |
courses |
pattern study-work as requirement |
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| umpires |
jurisdiction |
binding judgments |
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| board of referees |
errors in law |
not applying jurisprudence |
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| board of referees |
errors in law |
attending classes |
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Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
courses |
weight of statements |
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Summary:
Assertions by a student that he is ready and able do not carry much weight when they conflict with an objective fact, namely a full-time occupation in a full-time course, the objective fact must prevail.
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 |
purpose of the legislation |
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Decision 13937
Full Text of Decision 13937
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
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Summary:
Claimant indicated on his training course questionnaire that he would be available at any time and would quit if suitable employment were found. However when he told the Board he had not looked for work it quite properly concluded that the onus was not discharged.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
duration of disqualification |
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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 |
weight of statements |
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Summary:
The presumption raised may be rebutted. Mere statement that one would leave the course almost invariably not sufficient. To wait for a job does not suffice. One must show that obtaining work is the prime concern and that the course is secondary. Very convincing evidence required.
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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Decision 12716
Full Text of Decision 12716
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
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Summary:
Not sufficient to state that one would leave the course if a job were found. He must not only be available but he must be looking for work. The hours of the course render it virtually impossible to search during normal working hours.
Decision 12381
Full Text of Decision 12381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
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Summary:
The fact that the claimant has said time and time again that he would leave the course will ordinarily not be sufficient to prove availability.
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 |
job search |
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| availability for work |
courses |
disentitlement not automatic |
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| availability for work |
courses |
employment left |
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Decision 11227
Full Text of Decision 11227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Summary:
Full-time attendance, whether high school, community college or private trade school, speaks louder than words. Mere declarations that claimant prepared to quit course tend to be in contradiction with the simple fact that he is engaged full-time in course.
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 |
purpose of the legislation |
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Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
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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 |
applicability |
necessary conditions |
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| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 10760
Full Text of Decision 10760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
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 |
job search |
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