Summary of Issue: As A Requirement

Decision 77007 Full Text of Decision 77007

The claimant failed to prepare a curriculum vitae, contact employers or show any interest in rapidly returning to the labour market. He stated that, after working for 35 years, he had made his contributions and was entitled to receive benefits. This interview clearly shows that the claimant was not available within the meaning of the EI Act. The claimant stated that he had not looked for employment since he started receiving benefits and that his priority was a trip to Europe, which had been planned a very long time ago. The Commission’s appeal is allowed and the Board of Referees’ decision is rescinded by the Umpire.

Decision 73580 Full Text of Decision 73580

The claimant's benefits were suspended by the Commission from March 2, 2009, because in the 11 weeks before that date he had conducted only one job search. On appeal before the Umpire, the claimant did not present any new evidence or new argument, except a few job searches made after March 2, 2009. The appeal by the claimant is dismissed.

Decision A-0598.03 Full Text of Decision A-0598.03

A claimant cannot simply wait to be called back to work. He needs to look for work to receive benefits.

Decision 54859 Full Text of Decision 54859

Claimant was a seasonal worker and argued that it was pointless to look for paid work for a short period, since no serious employer would be interested in training an employee who would be leaving so soon. It was concluded that availability must be proven for every working day in a set period and that this requirement could not be ignored, no matter what extenuating circumstances may prevent a worker from complying with it.

Decision 51724 Full Text of Decision 51724

Claimant allowed a period of eleven (11) weeks to find employment restricted to his field of work and refused, after that period, to broaden his search to other areas of employment. While the EI Act does not define a reasonable lapse of time, this notion depends on the nature, purpose and circumstances of each case. What is reasonable becomes a judgment call after the purpose of the legislation and the circumstances of the case have been taken into account. Claimant failed to demonstrate that he made reasonable efforts to find work in a broader area than that of academic research as he ought to have done to prove availability.

Decision 40597 Full Text of Decision 40597

The case law has clearly established that the concept of availability implies a sincere desire not only to make oneself available, but also, and above all, to make a serious effort to find a job. In the present case, it seems that a single job search does not meet the requirements of the above-noted criterion.

Decision A-0940.96 Full Text of Decision A-0940.96

Claimant admitted that he did absolutely nothing for a year, didn't look for a job, just took a break. Based on this, BOR found that the claimant had not looked for work during the entire period of his claim. Umpire concluded that the BOR has made the proper decision. FCA maintained Umpire's decision.

Decision 35661 Full Text of Decision 35661

A claimant's availability must be demonstrated by a real and active job search. A claimant cannot simply receive benefits without doing anything in return. Even if he or she knows that a job will be offered to him eventually.

Decision 33717 Full Text of Decision 33717

The beneficiary refuses to provide evidence of job search to certify his availability, though he maintains that he was always available to work. However, a mere statement to that effect is not sufficient. The statement must be accompanied by evidence that he has been looking for work, as required.

Decision 20436 Full Text of Decision 20436

Availability means that one is willing to work under normal conditions without unduly limiting chances of employment. This is demonstrated by one's attitude and more importantly his actions. That is why evidence of an active job search is crucial to meeting the requirement.

Decision 18243 Full Text of Decision 18243

The onus is upon the claimant to demonstrate a readiness to accept suitable employment and actively seek work: this is best proved by an active job search. A mere statement by claimant is insufficient and evidence of the claimant's efforts to find employment must be presented.

Decision 14866B Full Text of Decision 14866B

Availability is a question of fact. It is essential for a claimant to actively seek work; passive research or reliance on others to find work are not sufficient (CUB 12563). Very little evidence of a job search.

Decision 16219 Full Text of Decision 16219

The law is clear that the onus rests on the claimant of proving availability and the mere statement that one is available falls short of the proof required. Job search activity is required for proof. A full-time course affects availability.

Decision 13989 Full Text of Decision 13989

According to the Act and the case law availability is not limited to passively waiting but must be manifested by dynamic attitude and reflected in sufficient number of job searches.

Decision 13586 Full Text of Decision 13586

The words "unable to obtain employment" in 14(a) mean that a search must be made. One cannot be available by staying at home waiting for a call. An active, serious search is required.

Decision 13248 Full Text of Decision 13248

The onus is on the claimant to show not only that he is available for work, but also the efforts made to secure employment. Looking for work is a full-time job.

Decision 12831 Full Text of Decision 12831

The requirement is not only to show that one is available, but also what one has done to secure employment. Simply saying "I never refused any work" is not enough because it implies a requirement on the Commission to make job offers.

Decision 11756 Full Text of Decision 11756

Availability is a question of fact to be examined by taking into account claimant's active efforts to find employment and also the nature and extent of employment opportunities. Efforts made to find work must be active and not merely passive and being in a state of readiness.

Decision A-0298.74 Full Text of Decision A-0298.74

It seems to us to be impossible for a claimant to meet this condition (proving availability and inability to obtain employment) if he does not prove that he made reasonable efforts to obtain employment.