Decision 76450
Full Text of Decision 76450
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
The claimant indicated that she had worked as a student monitor for 11 years and worked from 10 to 25 hours a week. She could not search for another job because she worked every day. She did not want to leave her employment for a full-time job. She added that she did not look for employment after her benefit period was established, given that she would be returning to her employer in September. The claimant has not shown her availability for work and is disentitled from benefits as of October 19. 2009. In her notice of appeal to the BOR, she added that her worked suited her health and that she did not want to search for another job. The BOR reviewed the evidence and allowed the claimant's appeal. On appeal from the BOR' decision, the Commission argued that the Board erred in fact and in law. The unequivocal evidence in the docket showed that the claimant intended to keep her part-time job. Consequently, the Commission's appeal is allowed by the Umpire. The Board's decision is rescinded and the Commission's decision is upheld.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
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Decision 42533
Full Text of Decision 42533
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Clmt quit her full time job to take care of her child during the day and was available for part-time work during the evening and on weekends. Umpire stated that in lights of the clmt's recent history of full-time employment, she has placed restrictions on her availability for work which limit her possibilities of obtaining full time employment.
Decision 22477
Full Text of Decision 22477
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Available from 5:00 p.m. to 10:00 p.m. A claimant who, for whatever reason (here obligation to care for a child), limits the hours she is prepared to work, particularly if little or no work available in those hours, is not available. Availability is to be established for hours generally applicable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
good cause |
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| refusal of work |
babysitting arrangements |
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| refusal of work |
personal constraints |
after confinement |
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| refusal of work |
transportation difficulties |
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| board of referees |
errors in law |
meaning of a term |
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| availability for work |
incompatible situations |
family obligations |
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| umpires |
jurisdiction |
evidence new |
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Decision 20316
Full Text of Decision 20316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Work history of 7 years part-time. When a beneficiary works part-time in a regular manner and then searches for a job on that basis, he must be considered available during a reasonable period of time after which the search must be broadened. Five-month period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
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Decision 17298
Full Text of Decision 17298
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Quit full-time work to care for mother ill with cancer. Available 3 days a week. Finds work 4 weeks later. Digest and supporting jurisprudence examined. Availability determined on a day by day basis. Seriously looking for work. Entitled to UI 3 days a week while not working.
Decision 14284
Full Text of Decision 14284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Capable of work 3 days a week, so disentitled retroactively for 2 days each week in extended benefits. Overpayment of $864.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
health reasons |
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Decision 13710
Full Text of Decision 13710
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Case turns on facts. Health in issue. Not available 2 days per week. Benefit paid 3 days per week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
health reasons |
|
Decision 13509
Full Text of Decision 13509
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Availability generally required is from 9:00 to 5:00 Monday to Friday. Cannot be available for only 3 days per week unless there are exceptional circumstances, that is, history of part-time work.
Decision 13419
Full Text of Decision 13419
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
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Summary:
If one wants part-time work and has such a pattern, the person should be given a reasonable period, and 6 months is more than reasonable. The purpose of UI is not to allow one to pursue voluntary work to the detriment of searching full-time work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
altruistic considerations |
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Decision 13089
Full Text of Decision 13089
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Her history showed she had held two part-time jobs simultaneously, one mornings and the other afternoons; laid off from morning job and later left afternoon job, saying available only mornings; reasonable time of 2 months to be allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
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Decision 13022
Full Text of Decision 13022
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Restrictions do not necessarily result in disentitlement if insured has a history.
Decision 12735
Full Text of Decision 12735
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Employed 8 years part-time. Refused short-term, full-time work after some 15 weeks and ruled not available after 22 weeks. Incumbent on claimant to either remove restrictions or increase job search.
This may affect availability. The question is whether there are reasonable prospects. If so and claimant really wants to work, reasonable time to be allowed. Unsuccessful attempts indicate either that employment opportunities are not widely available orsearch not extensive.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
full-time |
|
|
| availability for work |
applicability |
definition |
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Decision 12072
Full Text of Decision 12072
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
If she worked part-time only, her UI premiums would have been paid by reference to such part-time work and it would be this type of employment which would be insured. If unable to find similar work after reasonable time, she might be expected to broadenher job search.
Decision 12043
Full Text of Decision 12043
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
The jurisprudence is clear that claimants are not available for work when after having been employed full-time they prefer to restrict themselves to part-time work when full-time work is available for them.
Decision 11069
Full Text of Decision 11069
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Summary:
Normally a sincere desire means availability for either full or part-time. A restriction to part-time can illustrate an intention to withdraw from normal work force, but not always if special circumstances such as medical reasons or pattern of part-timeestablished.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision 43344
Full Text of Decision 43344
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Insurance benefits are not intended to supplement earnings from part-time employment unless claimant is actively seeking full-time work and can establish this.
Decision 28045
Full Text of Decision 28045
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Part of the requirements of the claimant's on-call status with Safeway was that he remain available for work whenever called upon to do so. Given such a requirement, I fail to see how he could be available for other employment. In fact, he worked up to 30 to 40 hours per week in the last 3 months.
Decision 19647
Full Text of Decision 19647
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
I am of the opinion that Arbitration Board erred in law by exempting, as it did, the beneficiary from the burden of proving her availability on pretext she held down a job where she was on call.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
burden of proof |
|
Decision 19380
Full Text of Decision 19380
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Powerful inference from previous conduct and statements that he did not intend to be available for other work pending recall as sessional attendant, and that UI was used to supplement his income in the interim periods. Only available with the employer with whom he was on call.
Decision 17377
Full Text of Decision 17377
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Satisfied with working part-time, she would not have accepted another job. Laid off between seasons, she knew that she would be recalled at the beginning of the next season. No steps taken. You cannot remain at home and wait to be recalled.
Decision 17051
Full Text of Decision 17051
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Would not accept other work in preference to part-time job held. No job search. As per jurisprudence, the Board must consider whether he was assured a recall and how long it would have been reasonable for him to wait for that recall before looking for other work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
Decision 16341
Full Text of Decision 16341
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Term employee with Revenue Canada from 27-1 to 27-6-86. Accepts part-time work 5-1-87 and later refuses term work with former employer from 26-1 to 20-5-87. Acted reasonably. Possible full-time in present work materialized and broke out term work cycle.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
presently working |
|
|
Decision 14617A
Full Text of Decision 14617A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Full-time student who alleges he may earn up to 25% of weekly benefit and still get full amount of UI. While it is true a claimant may work part-time and still receive UI, this is applicable only to those claimants who are available on a full-time basis.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
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| availability for work |
courses |
employment left |
|
| availability for work |
courses |
pattern study-work not at same time |
|
Decision 14870
Full Text of Decision 14870
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Agrees to only work part-time for her employer; occasionally refuses calls to come to work. Her priority is to look after her children. Laudable attitude but does not entitle her to unemployment insurance. For her, work is a luxury that she indulges in according to whim.
Decision 14633
Full Text of Decision 14633
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Claimant has settled into a comfortable part-time job with which she is satisfied. The difficulty is that she expects to have her income supplemented by UI. Entitled to have such arrangement but not to UI. Not unable to find employment on days she is not required.
Decision 14288
Full Text of Decision 14288
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Employed part-time. If she were offered other employment full-time or part-time, she would not accept it because she was happy with the employment she had.
Decision 14134
Full Text of Decision 14134
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Works one day a week for usual employer and available elsewhere for 30 hours a week. It was premature to conclude that he was not available for full-time work 3 weeks after he became unemployed. Reasonable time to be allowed to find additional work which would total full-time.
Decision 12232
Full Text of Decision 12232
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
The Board erred in concluding that the part-time babysitting job by itself, and without more, imposed an unreasonable restriction on the claimant's availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
good cause |
|
|
Decision 11288
Full Text of Decision 11288
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
employed |
Summary:
Medical evidence that claimant was able to perform only part-time work, and as he was already employed on a part-time basis, the Board properly determined that 14(a) was not satisfied.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
health reasons |
|
