Decision 72674
Full Text of Decision 72674
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The Commission determined that the claimant was not available for work due to her obligation to care for her grandson as ordered by the Court, a disentitlement was imposed. The claimant later indicated that she wanted to apply for parental benefits. The Commission determined that the claimant was not eligible for parental benefits because it was established without ambiguous that the care of a child by order of a Court is not equivalent to a placement for the purpose of adoption. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
for the purpose of adoption |
|
|
Decision 67923
Full Text of Decision 67923
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant was not avaiable for work after receiving six weeks of compassionate care benefits as he remained in Edmonton to care for his daughter until she sufficiently recovered from a heart transplant operation.
Decision 63006A
Full Text of Decision 63006A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Although the Act recognises the need for a parent to take care of his/her child, the Federal Court of Appeal has ruled that the Act requires this person to remain available for work.
Decision 63624
Full Text of Decision 63624
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant stated that, because she had to take care of her disabled father she could not work on a regular basis. The Umpire confirmed the Commission's decision that the claimant was not available for work as required under s. 18(a) of the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| compassionate care |
requirements |
|
|
Decision A-0432.97
Full Text of Decision A-0432.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant was disentitled from benefits based on her a lack of availability. She quit her job to take care of her child who was diagnosed with Hyperactivity Disorder. FCA found that this case was identical to Faltermeir A-0479.94 and based on the principle of that decision " A person who quits a job to care for a sick child will not be disqualified, but will not be eligible to start receiving benefits until he or she is available for work", the court dismissed claimant's appeal.
Decision 39871
Full Text of Decision 39871
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant who restricts her job search to accommodate child care obligations cannot be considered available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
hours of work |
|
| availability for work |
job search |
number of contacts |
|
Decision 37557
Full Text of Decision 37557
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
See summary indexed under FCA A-0432.97
Decision A-0479.94
Full Text of Decision A-0479.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Nothing contradictory between S.14 and S.28 of the Act. A person who quits his or her job to care for a sick child will not be disqualified, but will not be eligible to start receiving benefits until he or she is available for work. The two provisions function independently.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
sickness defined |
|
|
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 25001
Full Text of Decision 25001
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Refer to: A-0479.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
sickness defined |
|
|
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 25397
Full Text of Decision 25397
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
[obiter] Claimant quit to look after her 4 children. As she could not go out to work unless she got a job that paid at least $10 per hour, and as she insisted that there was no such work to be found, it appears she remained unavailable for work as a practical matter.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for a child |
|
Decision 25257
Full Text of Decision 25257
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The Board committed a serious error in law. While it is admitted that the claimant acted admirably in preferring to look after her child rather than continue to work, it is obvious that she was not vailalble, since it was physically impossible for her to do both.
Decision 25057
Full Text of Decision 25057
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Although availability implies a sincere desire to work, the will to work is not in itself synonymous with availability. In order to decide if a person his available, it must be determined if he his faced with obstacles which hinder his will to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Decision 22875
Full Text of Decision 22875
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Ss. 28(4) must be construed to be consistent with s. 14 which requires that a person be available for work. As I construe the Act, a person who leaves work because of an obligation to care for a child will not be disqualified but must nevertheless make arrangements so as to be available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| availability for work |
restrictions |
work at home |
|
Decision 22477
Full Text of Decision 22477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Disqualification based on claimant's non-return to work after maternity leave removed because of new ss. 28(4) including an obligation to care for a child. Held that she was not available due to restrictions to evening work and due to her failure to make satisfactory child care arrangements.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
good cause |
|
|
| refusal of work |
babysitting arrangements |
|
|
| refusal of work |
personal constraints |
after confinement |
|
| refusal of work |
transportation difficulties |
|
|
| board of referees |
errors in law |
meaning of a term |
|
| availability for work |
restrictions |
part-time work |
|
| umpires |
jurisdiction |
evidence new |
|
Decision 20681
Full Text of Decision 20681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant was on leave of absence from her employment with a letter from her physician stating that she was required to look after her seriously ill husband. Sympathy is not a ground for avoiding the clearly mandated legal requirement that one be capableand available for work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Decision 20056
Full Text of Decision 20056
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Working mother who lost her baby-sitter and was unable to find a replacement for more than 3 months, after which time she was able to return to her employment. Retroactive decision. Social or family implications not reflected in the very clear provisions of para. 14(a).
Decision 17798
Full Text of Decision 17798
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
One has the responsibility to resolve all domestic situations in order to be able to accept work. Looking after a sick relative (disabled wife) during possible employment hours, while very admirable, means that claimant is not available for work.
Decision 17771
Full Text of Decision 17771
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant made no efforts to look for work since she had no child care for her 2 children. Substantial overpayment. Jurisprudence has consistently held that lack of child care is evidence of unavailability. BERTRAND quoted.
Decision 16639
Full Text of Decision 16639
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The insured person looks after his child 3 days a week. He says he is available since he could intrust care of the child to a relative if he was offered work. Unable to explain where he claims to have looked for work for 6 months. Not an incorrect assessment of the facts.
Decision 16439
Full Text of Decision 16439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
A recipient of UI has the responsibility to have all domestic situations fully resolved in order that she may be able to accept all or any offers of suitable employment; and if unable to resolve those situations, can no longer be entitled to UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
natural justice |
free of bias |
|
Decision 16050
Full Text of Decision 16050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant admits she has no childcare arrangements as her former sitter has now moved and it is difficult to find one because of child's rash. In addition, her doctor advised her that she should stay home with the baby.
Decision 15986
Full Text of Decision 15986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The insured had to leave her job because her mother was ill and she had to stay home to take care of her.
Decision 15883
Full Text of Decision 15883
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Availability is a question of fact. The Board made a determination that the claimant did not have immediate access to child care in order to be available to seek and accept an offer of employment. There was evidence to support this.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
special reasons |
definition |
time to appeal to bor and Umpire |
Decision 15218
Full Text of Decision 15218
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant's statement clearly shows she has no one to care for children if employment found. Subsequently 2 babysitters testify as being fully available. Credibility best left to Boards. Evidence from babysitters seems to have been an after-the-fact attempt to prove availability.
Decision 14748
Full Text of Decision 14748
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Since the CEIC accepted that claimant had made arrangements for the care of her child from 12-8, no reason to disbelieve both claimant and mother that grandmother was available to babysit from 15-6. She had left employment for this but this was on 30-5,not 15-6. [p. 8-9]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 14644
Full Text of Decision 14644
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Collects 15 weeks' maternity benefits and then does not return to her job held open for her because no babysitter. There was an obligation on her part to make babysitting arrangements as would enable her to return.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
maternity leave |
|
Decision 12871A
Full Text of Decision 12871A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant did not return to work after confinement as she had to care for the baby. The Board was not at liberty to decide that her conduct was reasonable in staying home. One must be available for work. She made it quite clear she was not.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Decision 12780
Full Text of Decision 12780
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Attending sick child, without more, is not proof of non-availability. She may have done so because unemployed and she had time available. It does not mean she would not have accepted work or that alternative arrangements not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
second notice a nullity |
|
| board of referees |
issue not recognized |
error by board |
|
Decision 12249
Full Text of Decision 12249
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
The claimant herself confirmed with the Board that she had no adequate housekeeping arrangements, thus unable to attend should a job be located.
Decision 10915
Full Text of Decision 10915
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
After 7 years, left part-time evening employment as nurse because of teen-agers at home. Declared disentitled after 4 months. According to BERTRAND, cannot consider family problems that prevent insured from being available or restrict her hours of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
| availability for work |
applicability |
proof |
|
Decision A-0613.81
Full Text of Decision A-0613.81
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Summary:
Claimant's failure to find a babysitter despite strong and reasonable efforts to do so could not in law make her available for suitable employment within 14(a). [p.15]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
babysitting arrangements |
|
|
| basic concepts |
disqualification and disentitlement |
|
|
| availability for work |
restrictions |
hours of work |
|
| availability for work |
incompatible situations |
good reasons |
|
| board of referees |
errors in law |
availability concept |
|
| board of referees |
errors in law |
meaning of a term |
|
