Decision 75112
Full Text of Decision 75112
summary
| Issue: |
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Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
The claimant had established a claim for sickness benefits and received the full 15 weeks allowable. Then she was only able to work part time and was restricted for a period of some three months. The Board of Referees determined that she should be entitled to a reasonable time to return to normal working hours. Under the Act a person must show they are capable and available for work and unable to find suitable employment. In this case, the claimant was working to the full extent of what she could do during this three month period. There was no evidence that she was looking for other work and unable to find suitable employment. The appeal by the Commission is allowed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
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Decision 51724
Full Text of Decision 51724
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| Issue: |
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Sub-Issue 2: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Claimant allowed a period of eleven (11) weeks to find employment restricted to his field of work and refused, after that period, to broaden his search to other areas of employment. While the EI Act does not define a reasonable lapse of time, this notion depends on the nature, purpose and circumstances of each case. What is reasonable becomes a judgment call after the purpose of the legislation and the circumstances of the case have been taken into account. Claimant failed to demonstrate that he made reasonable efforts to find work in a broader area than that of academic research as he ought to have done to prove availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
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| availability for work |
restrictions |
type of work |
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Decision 26880
Full Text of Decision 26880
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| Issue: |
Sub-Issue 1: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Refer to: A-0134.95
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 A-0134.95
Full Text of Decision A-0134.95
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
The previous hearing referred to by the umpire is a warning that the Commission can, and in somes cases must, give a claimant that he must extend his job search if he wants to continue to satisfy the requirements of the legislation. Not a notice of the consequences of his unavailability once received.
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 22921A
Full Text of Decision 22921A
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Claimant is pursuing full-time studies. Twenty-two-week delay granted to the claimant because of his background of employment and studies. The delay is deemed more than reasonable. Moreover, there is no evidence that the claimant has undertaken the steps necessary to find part-time work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
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Decision 22058A
Full Text of Decision 22058A
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| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Student with 5 years part-time work disentitled after 8 weeks. The jurisprudence shows clearly that a period of 8 weeks is the norm. See CUB_14357. Claimant was disentitled as she was unavailable pursuant to the 8-week jurisprudence (deemed to be the reasonable norm). Error in law by the Board.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
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Decision 21397
Full Text of Decision 21397
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Resigned. Moved from Edmonton to Innisfree (pop.: 300). Numerous cases have confirmed that in this situation one is entitled to benefits only for a reasonable period. The period of 17 weeks was reasonable and compares favourably to what has been allowedin other similar cases.
Decision 21396
Full Text of Decision 21396
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Resigned. Moved from Whitehorse (pop.: 20,000) to Champagne, Yukon (pop.: 100). Here claimant received 35 weeks. That is a much longer period than has been held to be reasonable in many cases. A period of 12 to 16 weeks has more typically been considered reasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| board of referees |
constitution of board |
member ineligible |
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Decision 21006
Full Text of Decision 21006
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Stated he was not looking for work since departure. There is no reason to grant a delay not having proved availability each day. Delay is certainly granted to someone actively looking for job, but not if not looking.
Decision 18677
Full Text of Decision 18677
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Claimant left her job in Fort Nelson, B.C., to be with husband in Wonowon where job opportunities are extremely limited. 15 weeks' UI paid. She is only entitled to reasonable time, said the Board. The Board's decision is well founded in fact and in law.
Decision 18138
Full Text of Decision 18138
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| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
I do not disagree in principle that there can be situations where the employment possibilities are patently non-existent and a claimant cannot claim UI for any period because he has by his move made himself unavailable. However it has not been shown that this is the case here.
Decision 17566
Full Text of Decision 17566
summary
| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Claimant had been out of work since 31-7. He had received nothing in the way of assistance from the Commission from 31-7 to 1-11, so it could be argued that the time for limiting the type of employment and for being warned should run from that latter date.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
various activities |
church minister |
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Decision 17024
Full Text of Decision 17024
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
This is so no matter how good the motives for moving: the law in no way impairs the unification of families but one cannot receive UI for as long as one had remained more available by staying where more jobs were. 29 weeks is much in excess of reasonable time.
Decision 17007
Full Text of Decision 17007
summary
| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
The minority member noted that claimant is entitled to sufficient time to find work comparable to previous job. This might have been applicable if he had clearly indicated a desire to work for then he would have been entitled to a certain time and warning before disentitlement.
Decision 15869
Full Text of Decision 15869
summary
| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Claimant has had a very generous number of weeks to find work in teaching. She received 29 weeks when the norm is 12 to 15 weeks but she was not given a warning she had to broaden her job search. Period of time extended by an additional 5 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
or preferences |
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| availability for work |
job search |
warning before disentitlement |
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Decision 15494
Full Text of Decision 15494
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Availability must be tested in relation to employment opportunities for claimant, not those of spouse. While it is perfectly reasonable for one to move with spouse, this does not carry with it the right to UI for the full benefit period. 3 months is a reasonable period here.
Decision 12481A
Full Text of Decision 12481A
summary
| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Part-time worker in Whitehorse. Upon layoff she moved to Swift River to be with her fiancé. She was not given a reasonable period of time to look for work in new area. I have determined that she is entitled to 4 weeks and to be disentitled thereafter. [p. 4]
Decision 12355A
Full Text of Decision 12355A
summary
| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Moved to Tumbler Ridge, B.C. 15 weeks' unemployment. The Board correctly applied the jurisprudence which has added a gloss to statute. 2 standards of availability: one for long-term residents of area, another for new residents. Such a long line of CUBs that I should not depart.
Decision 14761
Full Text of Decision 14761
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| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Moved from Hamilton, Ont. to Tumbler Ridge, B.C. Attempted to obtain work from 8 employers. There are in fact 8 employers of general office clerks. 3 months on benefit up to 3-8. The fact that she was able to find work at the end of September does not affect the Board's decision.
Decision 14587
Full Text of Decision 14587
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| Issue: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
It is now well established that a reasonable delay must be granted to find suitable employment. In this case, at least 3 months should have been granted. The employment offered was not suitable: different type of work and enormous drop in pay.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
different occupation and lower wages |
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| refusal of work |
moving |
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Decision 14515
Full Text of Decision 14515
summary
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Sub-Issue 1: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Stops working in 10-84 and takes courses; files a claim in 3-85. Employment experience while taking courses. It seems to me that the reasonable delay starts only once the claim is filed.
Decision 13762
Full Text of Decision 13762
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Where one voluntarily moves from a centre with a large employment base to one with a significantly smaller employment base, that individual will be given a reasonable period. 15 weeks given here. The law was correctly applied. Moved from Regina to Kelvington.
Decision 12478
Full Text of Decision 12478
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Most claimants when they move for reasonable cause are given a period of some weeks. No hard and fast rule though most cases fall between 12 to 16 weeks. I have seen cases where 5 months and even 6 have been given. Here no time at all was given.
Decision 11811
Full Text of Decision 11811
summary
| Issue: |
Sub-Issue 1: |
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| availability for work |
restrictions |
reasonable period of time |
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Summary:
Left her job as a medical lab assistant in Edmonton to follow husband to Seba Beach, a small centre 70 miles away with a population of 139 persons. Benefits allowed for 3 months. Available within 5 miles.
Decision 11787
Full Text of Decision 11787
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
He was allowed 22 weeks before being requested to broaden the area in which he was required to look for work once he had exhausted possibilities in area in which he selected to reside. In similar cases it has been found that 2 months is a reasonable period of time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
geographical area |
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Decision 11546
Full Text of Decision 11546
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
Left Portage La Prairie, Man., to move to La Ronge after investigating employment opportunities. Available in several fields but unsuccessful due to government temporary freeze. 3-month period not long enough and extended by 2 months.
Decision 11075
Full Text of Decision 11075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
The jurisprudence and s.27 allow a claimant a reasonable period of time to limit his job search to the vicinity where he lives and to usual occupation. A limitation for a period of 6 weeks was not unreasonable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| availability for work |
courses |
disentitlement not automatic |
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Decision 10983
Full Text of Decision 10983
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
The Commission argues that case law suggests 3 months and is adequate. I agree that, depending on circumstances, it may be adequate. What had been established in CUB 3832 and in DODSWORTH is a mere guideline and not a rule of law. Each situation to be viewed in its own context.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
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Decision 10773
Full Text of Decision 10773
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
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Summary:
Reasonable time must first be established by CEIC; an administrative decision taking into account circumstances in issue, made judiciously, according to principles of impartiality. Only where these factors absent is discretionary act reviewable.
Administrative act of this sort [establishing time] is presumed to comply with limitations imposed by case law. Presumption of lawfulness of act is particularly strong where proof of availability under 14(a) rests exclusively on insured.
Decision A-0878.82
Full Text of Decision A-0878.82
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Summary:
Left employment in Brantford, Ont. to move with husband to an Indian Reserve. No real employment opportunity. Loss of employment and difficulty in finding new employment for reasons entirely beyond control. Unable to say Umpire erred in fixing 2 months as reasonable time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
geographical area |
after moving |
