Summary of Issue: How To Search

Decision A340.16 Full Text of Decision A340.16

This is an application for Judicial Review of a decision of the Social Security Tribunal (SST)-Appeal Division (AD) dismissing the Canada Employment Insurance Commission's (Commission) appeal of a decision of the SST-General Division (GD). The Respondent claimant took a leave of absence from work to care for her parents. Under the terms of her leave, she was not permitted to earn income from other sources if she wanted to keep her employment benefits. This Court found at para. 9 that: based on the factual findings, the SST Appeal Division concluded that by limiting her job search to positions within the Bank, a large corporate employer, the Respondent did not unduly limit her chance of returning to the labour market so as to be unavailable. While it may well have been open to the SST Appeal Division to reach another conclusion, this Court has not been persuaded that on the facts before it that the SST Appeal Division had reached an unreasonable conclusion. The application for judicial review was therefor dismissed. (Ref. paragraph 18(1)(a) of the Employment Insurance Act, S.C. 1996, c. 23)

Decision 20131 Full Text of Decision 20131

In searching for employment only in Chinese newspapers, the claimant placed unreasonable restrictions on his employment. I am not convinced that this was due to difficulty with the English language. He has been employed with Canada Post for 10 years. Likely due to ill health.

Decision 14576 Full Text of Decision 14576

The Board believed that the legal status of availability requires that the job search be conducted in some way other than by telephone. This is incorrect. No such requirement exists. Error in law.

Decision 13536 Full Text of Decision 13536

Ambiguous statement on file regarding non-availability. Claimant contacted 10 potential employers by phone. The Commission checked with 4 who said they had no written application and cited this as not backing up his job search but this does not contradict claimant's evidence.

Decision 13201 Full Text of Decision 13201

Claimant attending course every day of week. A telephone number with the word secretary and newspaper does not convince me that she telephoned and actively sought an interview. This information could have been copied from the want ads of any newspaper.

Decision 12563 Full Text of Decision 12563

Active search does not mean predetermined number of job applications. Not sufficient to read newspapers, register at CEC, wait for interesting job to be brought to attention, or to state repeatedly that one is available. [pp. 5-6]