Summary of Issue: Hours Of Work

Decision 75250 Full Text of Decision 75250

The claimant didn’t agree with the fact that he was not entitled to EI as he had failed to show his availability. The BOR declared that the availability is a question of fact, which should normally be disposed of on the basis of an assessment of the evidence. In this case, in view of the claimant's admission that he is looking only for a job that would keep him busy no more than two days a week during the week, it is obvious that the claimant is setting personal requirements that are unduly limiting his opportunities for work. The evidence in this case is no way satisfies the three tests established by the case law to assess availability: a sincere desire to return to the labour market; efforts to find work; and remaining free of personal requirements that could limit the opportunities for work. For these reasons, the Umpire find that the BOR did not err in fact or in law. The claimant's appeal is dismissed by the Umpire.

Decision A0512.07 Full Text of Decision A0512.07

The claimant is a full-time university student. He is only available for work during certain hours and days of the week. His chances of finding employment are therefore limited because of his restrictions. Thus, the Umpire did not commit any error when he determined that the claimant did not establish that he was available for work during his period of full-time studies. In addition, the FCA concluded that the claimant could not introduce new evidence because the pre-existing conditions necessary to introduce such evidence did not exist.

Decision 70869 Full Text of Decision 70869

The claimant requested and obtained leave without pay for a year to find a suitable solution for the care of her two children and specifically to take care her son who needed to see an occupational therapist two or three times a week. She indicated that her availability was restricted to between the hours of 10 a.m. and 3:30 p.m. because she had to ensure her son's safety and attend regular follow-up appointments at a rehabilitation centre. The BOR found that the claimant did not prove she was available for work as the Act requires. According to the Umpire, the evidence in the docket supports the finding that the claimant had not found a stable solution to her babysitter problem.

Decision A-0641.99 Full Text of Decision A-0641.99

Eleven times, claimant refused to do split shifts as provided for in her collective agreement. Claimant deemed not available for those days. Decision reversed by BOR but again reversed by Umpire, who ruled that a collective agreement could not take precedence over the Act. In a brief decision, FCA set aside Umpire's decision, stating that Umpire had substituted own interpretation of the facts for that of BOR.

Decision 45766 Full Text of Decision 45766

See summary indexed under FCA A-0641.99

Decision 39871 Full Text of Decision 39871

Unwillingness to include other employers in job search or only willing to work when husband is off duty shows that a claimant is not available.

Decision 37951 Full Text of Decision 37951

Established that normal working hours are from 8 a.m. to 5 p.m. and that someone who claims to be available evenings and weekends fails to show the eligibility required by the legislation and case law.

Decision 22208 Full Text of Decision 22208

Claimant was entitled for some time to seek work of the type lost (part-time, no night shifts). If such was not available and the CEIC gave her notice that she was, because of this, unduly restricting and she refused to broaden her job search, there would have been reason to disqualify her.

Decision 17592 Full Text of Decision 17592

Employed in a pizzeria for 6 years. Laid off for 4 months. Available from 9 a.m. to 4 p.m. because she had no babysitter in the evening. Refused 2 job orders for cooks. Disentitled after 5 weeks. Restrictions unreasonable in light of normal hours for pizza restaurants.

Decision 16859 Full Text of Decision 16859

Claimant held unduly restrictive following childbirth. The Umpire took judicial notice that evening work for cleaning staff (in Toronto) is common. Further he noted that as per CUBs reasonable restrictions may be imposed for some time and claimants are entitled to some warning.

Decision 15873 Full Text of Decision 15873

Claimant registered as a recreational administrator and was offered work in this field. He refused because he did not want to work on weekends and interfere with his volunteer work. Normal working hours in his fields could be expected to include weekendwork.

Decision 14623 Full Text of Decision 14623

Claim filed 6-6-86. Disentitled as of 7-9-86. Day-time janitorial worker looking for only day-time in London. Much easier to find evening and night work in this field. Day-time extremely scarce.

Decision 13831 Full Text of Decision 13831

Nurse's aide formerly employed on shifts who was available only during the day. Should have given her reasonable period, which is fixed here at 2 months.

Decision 13527 Full Text of Decision 13527

Factual case. There is no doubt that the claimant had been given a reasonable amount of time to find daytime hostess work (3 months) even though she amply demonstrated that such jobs exist.

Decision 12743 Full Text of Decision 12743

Seeks work as a cashier. She can only work days, from 9 to 6, because of daughter at home. Normal hours are 7 to 4:30 or 4 to midnight. Previous job involved a variety of shift hours. Unemployed for 7 months.

Decision 12526 Full Text of Decision 12526

Following childbirth, nurse available for 8-hour shifts in Castlegar and Nelson, B.C., where 12-hours shifts are the norm. Suitable employment is not confined to just what claimants like to restrict themselves to.

Decision 12118 Full Text of Decision 12118

Jurisprudence has established that the claimant was entitled to a reasonable length of time to find employment in her field and which met her restriction of days hours only.

Decision 11973 Full Text of Decision 11973

Employed 20 weeks on evening shift from 3:30. Available to same extent. The legal meaning of availability recognizes that a person who has lost his employment through no fault of his own is entitled to a reasonable time to seek similar employment. Not considered by Board.

Decision 08833 Full Text of Decision 08833

Held not available because she stated she will not work during the course of her physiotherapy (11:00 to 2:30, 3 days per week). This restriction severely restricts her chances of finding employment during normal business hours as she stated she will only work during the day.

Decision A-0613.81 Full Text of Decision A-0613.81

Whether a person who is able to work only from 4:00 p.m. because she is unable to find a babysitter, should be considered available because she has made reasonable efforts to find a babysitter is at least partly a question of law. [p.12]