Decision 64656
Full Text of Decision 64656
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The case law is clear that, to be entitled to benefits, a claimant must seek employment and not merely wait to be recalled to work.
Decision 52534
Full Text of Decision 52534
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
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Summary:
Claimant had been dismissed and devoted his time and energy to pursuing reparation with his previous employer, ie to get his job back. Found not available for work since he was not seeking employment. Umpire relied on previous FCA decisions in Faucher (A-0056.96) and Fortin (A-0885.97) and held that claimant had failed to demonstrate that he was available for work.
Decision A-0474.97
Full Text of Decision A-0474.97
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
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Summary:
Claimant laid off early April 1995. Recall date: 1-07-95. Claimant was recalled f/t on 16-10-95 but went back to work for his employer on a p/t basis on 29-05-95. Claimant's position was that he did not have to look for work because he had a recall date in July. Claimant disentitled for non-availability. Decision upheld by BOR and Umpire. In light of the circumstances of the file, case ordered by FCA to be returned to the BOR for reconsideration.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Decision 40393
Full Text of Decision 40393
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Clmt refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. He alleged that he had demonstrated his availability by presenting a list that was not specific in terms of dates and interviews. Umpire found that the clmt was keeping himself available for a single employer who, at the time, had no work to offer him.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
prospect of other work |
|
|
| board of referees |
natural justice |
free of bias |
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| availability for work |
applicability |
relation with refusal of work |
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Decision 35661
Full Text of Decision 35661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
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Summary:
The availability of a claimant must be shown by a real and active job search. In this case, the claimant clearly indicated that he had not searched for a job and had no intention of doing so, since he expected to be recalled to work by his father-in-law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
applicability |
definition |
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Decision 27841A
Full Text of Decision 27841A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant was "on-call" and not looking for employment; did not want to jeopardize his p/t job or the opportunity to return f/t. Relying on FCA in Cornellissen-O'Neill (A-652-93), Umpire stated that the law of availability is clear, strict and definite and found claimant not available for employment.
Decision 25144
Full Text of Decision 25144
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
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Summary:
Claimant said that she was not looking for work because she expected to get her previous job back in the near future pending the outcome of her grievance hearing. She won her grievance and was back to work after two months. Held that the Board's decision was based on credibility.
Decision 23243
Full Text of Decision 23243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Refer to: A-0652.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
| availability for work |
incompatible situations |
good reasons |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision A-0652.93
Full Text of Decision A-0652.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
As stated in CUB 13957, the Act is quite clear that a claimant must establish his availability for work, and that requires a job search. This requirement is not removed if the period of unemployment is a short one, no matter how little chance of success a claimant may feel a job search would have.
Teacher who ceased work 22-6-90. Not looking for work thereafter, having new employment elsewhere to commence 1-9-90. Having secured a job to commence in 7 weeks, not necessary to maintain a job search, said the Umpire. Error in law. Ss. 14(a) not to be ignored, whatever the extenuating circumstances.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
| availability for work |
incompatible situations |
good reasons |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision A-0672.93
Full Text of Decision A-0672.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Is on call with CN; has been on UI for 17 weeks when she started a full-time course. Pattern established. No effort to find work elsewhere. Intermittently employed. No obligation on her to jeopardize this existing employment in the hope of finding other employment, said the Umpire. No legal error.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 23283
Full Text of Decision 23283
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Refer to: A-0672.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 21724
Full Text of Decision 21724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
As she was to be called back, she declared herself to be non-available in the meantime; the constant jurisprudence is to the effect that when a person is subject to being called back, she must be granted reasonable time. The 2 months gone by here constitute reasonable time.
Decision 21239
Full Text of Decision 21239
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
A person is entitled to wait for a recall for a reasonable period of time. After, he or she must begin to seek work elsewhere. Also, a claimant on temporary lay-off awaiting imminent recall, need not prove an active job search if the best chances for work is the recall.
Decision 21160
Full Text of Decision 21160
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
A claimant on temporary lay-off awaiting imminent recall need not prove an active job search if the best chance for employment is the recall. In light of this, I am of the opinion that the Board erred in finding that claimant did not search for alternative employment.
Decision 20849
Full Text of Decision 20849
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Claimant's position was that he was not prepared to accept temporary work while waiting to be recalled by his former employer. The law is quite clear that a person seeking UI benefits cannot receive them if he is simply awaiting recall and not looking for work.
Decision 18166A
Full Text of Decision 18166A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Seasonal layoff expected to last 7 weeks. Claimant initially said he was not available until recalled. Disentitlement terminated after 1 month. It is argued that a decision should have been issued shortly under ss.39(3) and he would have made himself available sooner.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Decision 19911
Full Text of Decision 19911
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Secured work to commence 23-1. Available from 13-11 upon termination of course. Many CUBs hold that one is entitled to wait for recall for a reasonable period of time even without looking for other work. Reasonable to tell prospective employers he wouldonly remain until 23-1.
Decision 19210
Full Text of Decision 19210
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Chambermaid with hotel for 10 years. Waiting for recall and not seeking other work during the 2-month winter layoff, while on call and working some weekends. There is considerable jurisprudence that waiting for recall in such cases is the most probable avenue to suitable work.
Decision S-0337.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off 14-8. When interviewed 28-10, he was not ready to work elsewhere. Expected recall 2-12. He changed his mind 25-10 because recall delayed until 21-12. The disentitlement from 28-10 was perfectly legitimate but is lifted as of 25-11. Upheld by FC. Leave to appeal denied by SC.
Decision 14866B
Full Text of Decision 14866B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
When recall will take a long time, one must seek temporary work outside the usual line of work. UI is not intended to support one who is awaiting for a recall and who makes only a minimal job search in the interim.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
reliance on others |
|
| availability for work |
job search |
as a requirement |
|
Decision 17603
Full Text of Decision 17603
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
If one intends to await definite recall which will take a long time, he must seek temporary work outside the normal line while waiting. Unreasonable to allow one to just sit back and wait for 2 months. UI not intended to support one waiting for recall with minimal job search.
Decision 17592
Full Text of Decision 17592
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Disentitled after 5 weeks. If one intends to await a definite recall, which will take a long time, she must seek temporary work while waiting. One is entitled to await recall for a reasonable time. To choose to sit and wait for a recall for 4 months is unreasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
hours of work |
|
Decision 17593
Full Text of Decision 17593
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
UI is not intended to support a person who is awaiting recall to work who makes only a minimal job search in the interim. However, the jurisprudence also recognizes that one is entitled to look upon a promised recall as the best avenue to suitable work for a reasonable period.
Decision 17499
Full Text of Decision 17499
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Alcan employee disentitled because unwilling to accept temporary work pending recall. Expected recall in January but no definite date given at time of lay-off on 11-12.
Decision 16505
Full Text of Decision 16505
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Driller earning $17 an hour laid off due to spring break-up for an undetermined period of time but assured of a recall. Available as labourer at $12 an hour. Reasonable period to be allowed: 6 weeks as of the date of his entitlement.
Decision A-0337.89
Full Text of Decision A-0337.89
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off 14-8. When interviewed 28-10, he was not ready to work elsewhere. Expected recall 2-12. He changed his mind 25-10 because recall delayed until 21-12. The disentitlement from 28-10 was perfectly legitimate but is lifted as of 25-11. Upheld by FC. Leave to appeal denied by SC.
Decision 15963
Full Text of Decision 15963
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off in 11-87. Disentitled from the end of 5-88 because no longer seeking work pending recall in June. Proper finding of fact by Board. One could very easily assume that because her employment was about to commence, no serious effort was being made to find other work.
Decision 14866A
Full Text of Decision 14866A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Laid off due to shortage of work on 11-10. Claim filed on 2-11. Claimant says he is not looking for work as he was planning on returning to his job in January. Other work not suitable due to back problems.
Decision 15337
Full Text of Decision 15337
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Did not want to work immediately: had to be recalled. No reasonable time to be given since recall was not possible immediately. Warning was not necessary. No search for employment. The Act does not seek to compensate an insured person for 3 months who was simply waiting to be recalled.
Decision 15270
Full Text of Decision 15270
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Unwilling to accept temporary work pending recall. He said later he would accept part-time work. It is the obligation of claimant to show that suitable work was not available. The most effective way of proving this is through convincing evidence of an active job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 15085
Full Text of Decision 15085
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
It is easy to understand that a woman who has been working in the dressmaking industry for 32 years and is used to slowdowns lasting a few months every year, might find it difficult to realize that she must remain available during the slack periods. But that is the law.
Decision 14797
Full Text of Decision 14797
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Teacher laid off 27-6. Everyone has the right to seek employment in usual field for a reasonable period. If employment to be resumed at a fixed date, the period should be directly proportional to that of layoff. Must be shorter here than usual 8 weeks allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
improper hearing |
|
| board of referees |
issue not recognized |
error by board |
|
| teaching |
availability for work |
summer months |
|
Decision 14685
Full Text of Decision 14685
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Only temporary work available would have been farm work. Claimant not in physical condition to undertake such work. Claimant was not to go through the form of a futile search for temporary employment for 2-3 weeks prior to the recall.
The Board believes that no matter what the circumstances claimant must be searching for work. I accept CUB 5085 that one is entitled for a reasonable period to look upon promised recall as most probable avenue of work. Job search not automatically required regardless of recall.
Decision 14621
Full Text of Decision 14621
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Expected layoff to last 3 weeks and she saw no reason why she should seek employment elsewhere. It lasted 7 weeks. In the case of a layoff, even for a short period, claimant must not only be ready to work but must actively seek work. Remoteness of prospect not enough.
Decision 14554
Full Text of Decision 14554
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
Nurse with 17 years of seniority including 5 on call. The fact that she has experienced very short periods of unemployment and that she returned to the job being sought in the short-term constitutes the most eloquent evidence of availability.
Nurse with 17 years seniority. It is quite normal that she wishes to protect her vested rights. Keeping a promise of recall as the most probably way of obtaining work in the short-term does not make one unavailable. Entitled to a reasonable delay.
Decision 14459
Full Text of Decision 14459
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The jurisprudence relating to claimants who are laid off, indicates that a claimant is entitled to rely on that recall as the most promising avenue for re-employment, but one must still be available and seeking employment. Contacted 2 employers only.
Decision 13234
Full Text of Decision 13234
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
The claimant had been accustomed to layoffs and after a very short period of time being recalled to work. Therefore, (when making her claim), she stated that she was not looking for work, that she would be called back.
Decision 11614A
Full Text of Decision 11614A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
An individual who is laid off has 3 choices: (1) await recall; (2) seek short-term employment; (3) seek alternate permanent full-time employment. If he chooses (1) instead of (3), he cannot claim benefits except for a short period as determined by the circumstances.
The claimant would apply for full-time employment but he would tell prospective employers that he was expecting a recall. He was in fact making himself available to work only until a recall came. That is restricting oneself to temporary employment.
Jurisprudence indicates that the most prudent course of action may be to rely on a recall. The length of time to be allowed will vary. The 5 months in this case where there is no firm date of recall was generous in the extreme.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
