Summary of Issue: Warning Before Disentitlement


Decision 26880 Full Text of Decision 26880

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Refer to: A-0134.95

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time

Decision A-0134.95 Full Text of Decision A-0134.95

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

While the umpire can only confirm the Board's decision, he cannot simultaneously recognize that the claimant has a right to benefits because prior notice of the consequences of his disentitlement had not been given. Confirms the position of the FCA in Stolniuk (A-686-93).

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time

Decision A-0686.93 Full Text of Decision A-0686.93

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

The personal circumstances of a claimant may have changed since she/he became unemployed and, indeed, the mere extension of the unemployment period may require a claimant to change his or her attitude and efforts. In all those cases, a warning by the Commission is obviously desirable and well-founded.**Parliament has clearly established in s. 14 that a claimant must be available in order to be entitled to benefits. It would be contradicting the will of Parliament to decide that, although claimant was definitely not available, she/he is nevertheless entitled to UI (due to lack of warning by CEIC).**I am quite aware that the Commission, in many cases, gives the claimant a warning that she/he must expand his or her job search. I never understood that a general policy of warning had been adopted for all cases of unavailability. There would be no justification whatsoever for such a general policy.**The failure of the Commission to follow its policy and send a warning to a claimant before giving effect to his or her unavailability cannot create a right under the UI Act. Once the Umpire was satisfied that the finding of unavailability was well-founded, he could do nothing but confirm the decision.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability relation with refusal of work
teaching availability for work restriction substitute

Decision 23391 Full Text of Decision 23391

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Refer to: A-0686.93

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability relation with refusal of work
teaching availability for work restriction substitute

Decision 23426 Full Text of Decision 23426

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Claimant disentitled upon filing her claim. In my view, the failure of the Board to consider the Commission's responsibility to warn the claimant if it considered her job search too narrow before deciding she was disentitled to benefits constitutes an error in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law not applying jurisprudence

Decision 22834 Full Text of Decision 22834

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

He must not only be given a reasonable amount of time to find work before being disentitled (pattern of work while studying), but he must also be given reasonable notice that if he does not expand his hours of availability, his benefit will terminate. Retroactivity cancelled plus 4 weeks allowed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses pattern study-work simultaneously

Decision 20316 Full Text of Decision 20316

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Jurisprudence is not uniform on this matter of notice. One recognizes the "fairness" doctrine whereas the other finds that "nothing in the Act forces CEIC to do it". I am of the opinion that the principles of natural justice and equity compel this notice. Work history of 7 years part-time work; 5-month period granted to search for similar job. Found not eligible on 29-3 retroactively to 5-3. Should have been informed beforehand that the restrictions were not acceptable any further; a 4-week delay is granted.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions part-time work

Decision 19338 Full Text of Decision 19338

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

CUB 15771 states that this warning is not required by the Act, but by simple principles of fairness: if the conditions entitling one to benefits are going to change, one is entitled to know and be given a reasonable opportunity to bring himself within the new conditions.


Decision 19225 Full Text of Decision 19225

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

A distinction must be made between the claimant who, having unsuccessfully searched for a job in his particular sphere of competence for a number of weeks, must broaden the scope of his search, and a claimant who places restrictions considered unacceptable at the beginning of his benefit claim.


Decision 19058 Full Text of Decision 19058

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Student with history of work. True that his claim had been maintained for an extended period (40 weeks). That does not mean that when it is finally concluded that restrictions are no longer reasonable the Commission may dispense with notice before UI isterminated. Error in law.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses pattern study-work simultaneously

Decision 18330 Full Text of Decision 18330

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

It may be noted that a warning to the claimant that benefits may be suspended because of non-availability is not mandatory in cases where the claimant has admitted to not actively searching for employment, according to CUB 17482.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements contradictory

Decision 18205 Full Text of Decision 18205

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Left when part-time job became full-time. Still restricts herself to part-time after 7 months. The Board did not give adequate attention to the legal requirement now recognized in jurisprudence. A period of 4 weeks following the Notice of Disentitlementwould have been adequate.


Decision 18180 Full Text of Decision 18180

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

If properly disentitled because she moved to Tumbler Ridge, a warning would serve no purpose and I cannot think it would be necessary, because the only way of re-entitling herself to UI would be for her to move out of there. This hardly seems a likely course of action for her.


Decision 18130 Full Text of Decision 18130

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

The issue for the Board to decide is whether she had been given any reasonable warning that she must broaden her job search. It may then wish to consider, since the notice of 27-2-89 must at least be regarded as a warning, what period thereafter would be reasonable to allow.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction reason for existence of boards

Decision 18112 Full Text of Decision 18112

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Disentitlement made effective 29-8, the date of the notice, rather than 7-8. It is now well established that claimants who are in receipt of benefits should receive a warning when they have persisted in restricting their job search for too long.


Decision 18088 Full Text of Decision 18088

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

If this was the basis of the decision, i.e. that claimant must seek full-time work, it is unfair to her to impose such a condition without notice and retroactively, after she has been on UI with approval of the CEIC for sometime. Entitled to prior notice and time to adjust.


Decision 18042 Full Text of Decision 18042

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

There is ample jurisprudence that, where the CEIC has paid benefits to one for a period of time in acceptance of the conditions which she was placing on her job searches, that she should be warned that those conditions are no longer acceptable before a disentitlement is imposed.


Decision 17928 Full Text of Decision 17928

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Taking a course in the afternoon. Available in the morning, evening and weekend. Disentitled after 7 months due to these restrictions. There is a duty of fairness on the Commission to provide one with some notice. A 4-week period is allowed to reflect an appropriate notice.


Decision 17786 Full Text of Decision 17786

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Based on CUBs 17292 and 15771, the date of disentitlement must be changed to reflect the date claimant was first made aware of her undue restriction. Notice sent in 12-87 was retroactive to 3-87. Allowing for a brief notice period, disentitlement beginsend of 12-87.


Decision 17690 Full Text of Decision 17690

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

This doctrine must be applied to the specific facts of the dispute. It cannot become a fixed, immutable and invariable rule or reduced to just a mathematical formula regardless of the circumstances.


Decision 17509 Full Text of Decision 17509

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Claimant argues to have been told only that her restriction "might" affect her claim when she should have been told that it "would". This has no merit. It is clear she was warned on 2 occasions and that she persisted in the same conduct. The warnings could not have been clearer.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work

Decision 17482 Full Text of Decision 17482

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Normally claimant should receive notice from CEIC before payment of benefits suspended but only if efforts made to find work; otherwise, what is the point of a notice? None.


Decision 17479 Full Text of Decision 17479

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

I agree with the principle that a claimant making an effort to find a job in his own area for a reasonable salary should receive a notice concerning the restrictions imposed before payment of benefits is suspended.


Decision 17051 Full Text of Decision 17051

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Jurisprudence has required that claimants should receive a warning when they have persisted in restricting their job search too much for too long. Not required by legislation but by simple fairness. Reasonable opportunity to be given to bring one withinthe new conditions.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions part-time work employed

Decision 17065 Full Text of Decision 17065

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

On call worker who refused shifts due to illness of children and lack of transportation. Not provided with time to arrange alternative transportation. It has been held one should be given reasonable opportunity to rectify situation. 4 weeks are allowed.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions transportation difficulties
availability for work incompatible situations good reasons

Decision 17016 Full Text of Decision 17016

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Truck driver who left Coquitlam to relocate to a rural area. Disentitled after 21 weeks. Fairness requires that a person who is presumably conducting an adequate job search must be given some warning and an opportunity to change his situation. 3 more weeks allowed.


Decision 16998 Full Text of Decision 16998

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Disentitled 22 weeks after moving to a small town. Fairness requires that one who is presumably conducting an adequate job search must be given some warning. No such warning here. One must be given a reasonable opportunity to change her situation. 6 more weeks allowed.


Decision 16915 Full Text of Decision 16915

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Disentitled after 4 months: too restrictive. She was not given any warning. When she got a notice of disentitlement, she broadened her availability. She should have been given a 4-week period to remove restrictions. Error in law in not considering absence of warning.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law availability concept

Decision 16859 Full Text of Decision 16859

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

I do not suggest that Commission staff should guide claimants by the hand through the maze of statute and regulations so they do not inadvertently fall into traps. But there is danger that the Commission might be perceived as playing a cat and mouse game with the unknowledgeable.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized correction to consider
availability for work restrictions hours of work
board of referees issue not recognized second notice found valid

Decision 16823 Full Text of Decision 16823

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Principles of fairness breached when Commission retroactively disentitles for reason that the search is too restrictive when one may have been led to believe the search was adequate. In those circumstances, a warning is required. Disentitlement applies from date of notice.


Decision 16812 Full Text of Decision 16812

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

UI paid for 7 months before it was terminated for restricted availability. Claimant was aware she would eventually have to broaden her search but was not told immediately before the time was up. I have decided to reduce the disentitlement, but not eliminate it, from 9 to 4 weeks.


Decision 13001A Full Text of Decision 13001A

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Inadequate search for employment: 1 in 11 months. Notice dated 6-6 took effect 27-5. Case law requires that CEIC warn insured before suspending benefit for that reason. This was not done. I therefore move date of disentitlement to 6-6.


Decision 16677 Full Text of Decision 16677

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

I am concerned that recent jurisprudence requiring that claimants be warned of disentitlement unless the job search is broadened was not considered. But as claimant's availability is definitely restrictive, the decision should not be retroactive and is varied accordingly.


Decision 16359 Full Text of Decision 16359

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

I reject the argument of the insured to the effect that the CEIC has an obligation, before declaring ineligibility, to advise the claimant of the fact that her requirements regarding salary and type of work are too stringent.


Decision 15869 Full Text of Decision 15869

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

As long as UI was being received she had every right to believe that she was entitled to continue to search for work in that field alone. She was disentitled just 5 days after she was notified to broaden her job search. She should have been given 5 weeks after the warning.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions or preferences
availability for work restrictions reasonable period of time

Decision 15771 Full Text of Decision 15771

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Moved to a small town while on UI. Disentitled retroactively. Because of difficulty in determining what is a reasonable period, claimants should receive a warning from the CEIC when they have persisted in their restriction. Not required by legislation but by fairness.


Decision 15759 Full Text of Decision 15759

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Seasonal groundskeeper 15 years disentitled when making claim 23-11. Employment opportunities virtually nil. Reasonable period to be allowed as per jurisprudence. Also warning to be given prior to disentitlement. Reasonable time and no warning to be considered by Board.


Decision 15389 Full Text of Decision 15389

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Left his job for which he was paid $300 a week and then asked for $500. I agree with that principle (that the insured person must be warned when his or her demands are too high in accordance with CUB-12842 and 14708). No time period was given. An error in law. Entitled to 8 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment working conditions unsatisfactory
availability for work restrictions wages or salary
board of referees errors in law availability concept
board of referees errors in law not applying jurisprudence

Decision 15223 Full Text of Decision 15223

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

When CEIC's actions are such as to lead one to believe that the restrictions are acceptable, a clear warning must be given that availability is to be broadened. The CEIC cannot, by its conduct, acquiesce in such restrictions and then later demand returnof benefits paid. [p. 6] Disentitled to 10-86 in 1-87. Restriction to day work had existed since 8-86. Not warned at 10-86 interview that she had to broaden her availability. UI continued to be paid until 1-87. It is to avoid such situations that Umpires have held that a warning must be given. [p. 6]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized decision not to reconsider
availability for work incompatible situations leave requested

Decision 14751 Full Text of Decision 14751

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Argument presented: CEIC should warn the insured if job search is insufficient or if there are too many restrictions and give him the chance to change attitude. This is a misunderstanding of the law. Proof required from the insured according to 14(a). CEIC is under no obligation to encourage him to change.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions labour market information

Decision 14708 Full Text of Decision 14708

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Claimant took a French course and was advised 7 weeks later that she was not referred and she left. Fair treatment required that she be given both a warning and a reasonable opportunity to prove her availability by job search. Reasonable time would havebeen 4 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training negligence by Commission
board of referees right to be heard language to be used

Decision 14701 Full Text of Decision 14701

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

A person who has been receiving UI and who is therefore presumably conducting an adequate job search must be given some warning before being cut for an inadequate search. Reasonable period to be allowed after warning. Here 4 weeks would have been proper.


Decision 14549 Full Text of Decision 14549

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

The Board erred in concluding that the work sought by claimant was unduly restrictive. The disentitlement having been imposed without any warning from the Commission and the absence of a job market survey are further reasons to grant the appeal. [last page]


Decision 14440 Full Text of Decision 14440

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Claimant should have been given a reasonable time at lower rate. It also seems she should have been warned that her wage expectation was too high.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees issue not recognized error by board

Decision 14375 Full Text of Decision 14375

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Some question as to whether claimant had been given proper warning by Commission of the inadequacy of her job search. If she had not, that would not change her availability but might indicate hers was an appropriate case for write off of overpayment under reg. 60.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees jurisdiction reason for existence of boards
reconsideration of claim overpayment authority to write off

Decision 12842 Full Text of Decision 12842

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Claimant was told that she could not use the word "prefer", so wrote the condition down as a restriction. Not proper to disentitle without first warning her that too restrictive a search may affect her right. If problem with claim, she has a right to bethe first to know.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions labour market information

Decision 11101 Full Text of Decision 11101

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Available for evening work, no babysitter during the day. There is no doubt that the Commission should have informed her that she would not be entitled to benefits. [refusal of work at issue, not availability for work]

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work rationale
refusal of work reasonable period of time
refusal of work babysitting arrangements

Decision 10193 Full Text of Decision 10193

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement
Summary:

Insured argued that CEIC obliged to inform claimant at end of the reasonable time allowed for seeking work that meets her requirements. Nothing in Act or Regulations that obliges CEIC to do so.

Date modified: