Decision 26468
Full Text of Decision 26468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
A truck driver working on call in Rimouski who requested a one-week leave of absence to go and look for work in Montréal. He had to assume the burden of proof, and he obviously was not availalble during that week. His job searches are not sufficient to establish his availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
leave without pay |
|
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Decision 20681
Full Text of Decision 20681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
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 |
family obligations |
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Decision 20403
Full Text of Decision 20403
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
The claimant could, upon giving 2 weeks' notice to her previous employer, return to her previous job. She intended to do so but only in December, the date when a suitable person would be available to look after her children. She does not meet the objective test of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 20137
Full Text of Decision 20137
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Following maternity benefits, claimant had her leave extended by 2 months due to the stressful nature of the job. She had a position waiting for her for which she was qualified. She does not meet the objective test of being unable to find suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 16668
Full Text of Decision 16668
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Non-availability based on a claimant's request to take leave of absence not upheld. There is conclusive proof that she was required to take pregnancy leave. The collective agreement stipulates that no female employee shall continue during and after the 6th month.
Decision 15965
Full Text of Decision 15965
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Leave of absence for 24 weeks to find a better job. Refusal of work at issue, not availability. To permit claimants to leave work, accept a 6-week penalty and then be entitled to UI, seems irrational. Statute not designed to permit parties who have suitable work to receive UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
leave without pay |
|
|
Decision 15764
Full Text of Decision 15764
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
On 1-year leave of absence to look for other work. She can return to her position or similar duties and wages at any time after 30 days' notice. Requirement to accept suitable work designed to prevent abuse and minimize use of UI funds. S.28 balances off 30-day waiting period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 15497
Full Text of Decision 15497
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Claimant obtained an upaid leave of absence for 1 week. The Board concluded it was her choice to take leave. I am satisfied that she voluntarily withdrew herself from employment. She was on a mutually agreed absence and could not be seen as either unemployed or available.
Decision 15223
Full Text of Decision 15223
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
She had been on regular UI since August and on maternity before. Chose not to return to previous job. Disentitled starting October. It may be that she preferred to stay home with new baby, a preference which is natural. But one is not entitled to UI unless serious about working.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
decision not to reconsider |
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| availability for work |
job search |
warning before disentitlement |
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Decision 14227
Full Text of Decision 14227
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Teacher on maternity leave until 2-5. Then requested extended leave until 30-6 as not in the best interests of students to change teachers so close to the end. Only job search was as supply teacher at same school. Question of fact by Board not disturbed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
expiration of leave |
|
|
Decision 14093
Full Text of Decision 14093
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
After terminating her maternity benefits, there was no real effort on her part to look for other employment between 8-4 and 29-4. She in fact was simply waiting to return to former employment at a pre-arranged date and time (29-4).
Decision 13765
Full Text of Decision 13765
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
That being the case (looking for other full-time work) even if the claimant had controlled the date (which was not the case) at which she restarted her part-time work she could not be said thereby to not be available.
Decision 13505
Full Text of Decision 13505
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
On extended leave because of fact that because of her child she could not work 12 hour shifts as nurse, which are common hours in Vancouver. Case turns on facts. Did not prove incapable of finding suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 12587
Full Text of Decision 12587
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Delayed her return to work one week following misadvice by CEIC that she could collect one more week of adoption benefits. It cannot be said that she was unable to obtain suitable work. She had a job waiting for her and was not prevented from taking it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
period payable |
|
|
| availability for work |
applicability |
unable to obtain suitable work |
|
Decision 12107
Full Text of Decision 12107
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Leave to complete studies and look for something else. I am of the opinion that in such a situation the UI fund becomes a sort of bursary, which has been consistently condemned in the case law; cannot be used to finance temporary leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
reasonable period of time |
|
|
| availability for work |
restrictions |
type of work |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 11619
Full Text of Decision 11619
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
From the point of view of the developmental needs of her child, claimant's decision to take an extended leave is objectively laudable. Employer ready to take her back after 17 weeks but she chose not so soon. Not in line with social value evinced by UI.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| teaching |
casual or substitute |
applicability |
|
Decision 11564
Full Text of Decision 11564
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Claims regular UI after 15 weeks' maternity. Prior to leave, had requested and been granted an additional 6-week leave. Genuine change of mind but term employee replacing her. Availability not the proper question. Not unemployed or should be disqualified for voluntary leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
maternity leave |
|
| board of referees |
issue not recognized |
decision maintained |
|
Decision 10662
Full Text of Decision 10662
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Usual employment consists of scattered shifts with no set pattern. It is the unusual timetable that prevented claimant from obtaining babysitter, so employment is unsuitable. Actively seeking employment and available for static shifts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
family responsibilities |
|
|
Decision A-0706.84
Full Text of Decision A-0706.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
The Board erred in law in interpreting CUB 5463. That CUB states that being on an unpaid leave is not conclusive of non-availability. It is not authority for the proposition that one is necessarily available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
deferred salary leave |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
applicability |
definition |
|
Decision A-1294.83
Full Text of Decision A-1294.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
Summary:
Board of referees could not conclude, without erring in law, that the claimant was entitled to benefit solely because she had asked to be reinstated in her employment before the end of the leave and had found a babysitter.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
availability concept |
|
