Decision 76450
Full Text of Decision 76450
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| availability for work |
restrictions |
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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 The Board's decision is rescinded and the Commission's decision is upheld.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): |
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| availability for work |
restrictions |
part-time work |
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Decision 46578
Full Text of Decision 46578
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| availability for work |
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Summary:
Claimant is an immigrant without landing, authorized to study in a Canadian university and work only on campus. Worked until 1-05-98 and claim took effect May 4. Given until the end of June to find employment and declared disentitled effective July 6, 1998. BOR allowed the appeal, stating that the restriction imposed by the work permit could be changed quickly. Error according to the Umpire since evidence in the file indicates that the restriction cannot be changed quickly. Commission appeal allowed.
other summary
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| availability for work |
restrictions |
work permit limitations in canada |
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Decision A-0855.97
Full Text of Decision A-0855.97
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| availability for work |
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Summary:
Claimant dismissed for misconduct. Filed a grievance but did not look for employment: he was waiting to go back to his job following the outcome of the grievance procedure. Claimant disentitled for non-availability. Referring to the Harvey case (CUB 17466), the Umpire upheld the Commission's decision: the claimant did not show any evidence that would have led him to believe that he would be recalled to work unless he won his grievance. Claimant not exempt from the obligation to look for new suitable employment. Decision upheld by the FCA.
Decision 41172
Full Text of Decision 41172
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| availability for work |
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Summary:
Clmt, part owner of a Dairy Queen, declared having actively looked work while waiting for the opening of the restaurant. She applied for 2 jobs in the field of accounting and was willing to work outside of the Dairy Queen if it paid more. Umpire ruled that clmt restricted her job search to such degree that she rendered herself unavailable for work.
other summary
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| availability for work |
job search |
number of contacts |
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| availability for work |
restrictions |
type of work |
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Decision 23425
Full Text of Decision 23425
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| availability for work |
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Summary:
Disentitled upon filing renewal claim. He stated clearly that he is not personally seeking other employment; he is rather remaining at home to be available and ready when called in to work. This clear, unambiguous statement is not indicative of one willing and ready to accept any suitable employment.
Decision 21667
Full Text of Decision 21667
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| availability for work |
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Summary:
Left his job in Vancouver to relocate in Salt Spring Island where he quickly secured work as a substitute school bus driver. He says he is building up his seniority with his present employer and that there is no other employer on the Island.
Decision 20788
Full Text of Decision 20788
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| availability for work |
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Summary:
Claimant lives in an apartment on the premises where she was employed. She admitted not having looked for work as she does not drive and has no means "to get around" and to go to any other place to find work. No reasonable effort to find work. Mere statements are not enough.
other summary
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| availability for work |
restrictions |
transportation difficulties |
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Decision 20714
Full Text of Decision 20714
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Summary:
Not seeking other work while employed by the C.I.B.C. She did not want to jeopardize her chances of becoming fully employed by her present employer. Still working an average of 4 to 5 days a month. I cannot find fault with the Board's decision to accepther initial statement.
Decision 18347
Full Text of Decision 18347
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Summary:
Claimant was entitled to hold out for such employment (in her mother's business) if she so chooses, but not at the expense of benefits paid by the Commission. UI is not meant to provide start-up subsidies for those who are going into business without sufficient capital to start.
other summary
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| availability for work |
applicability |
definition |
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Decision 18014
Full Text of Decision 18014
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| availability for work |
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Summary:
By bringing claimant's admission that he was unwilling, as of mid-January, to work for any employer other than the City of Regina, and that he waited until April to contact the City for a possible recall, the CEIC met the burden of proof showing this was an undue restriction.
other summary
| Other Issue(s): |
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| availability for work |
job search |
number of contacts |
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Decision 17466
Full Text of Decision 17466
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Summary:
Dismissed for misconduct; grievance ongoing; not looking for work in meantime. Examined CUB-5370 requiring waiting period be granted if reasonable possibility of callback. No evidence to that effect here, unless grievance is won.
Decision 17144
Full Text of Decision 17144
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Summary:
Terminates teaching summer classes 19-8. Expects other teaching work next January. Available as substitute in the meantime. To devote himself to being available for a position there and only there does not entitle him to UI while he waits.
Decision 15284
Full Text of Decision 15284
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Summary:
Claimant on call not prepared to work elsewhere as she would lose her seniority. Allowed from a subsequent date following a letter indicating job searches elsewhere.
Decision 14739
Full Text of Decision 14739
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| availability for work |
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Summary:
Layoff on 20-6, receives benefits until November. Works on call only for this employer where she hopes to be recalled full-time. Has not sought work elsewhere since 20-6. Simply waits. Attitude not in keeping with requirements.
Decision 14126
Full Text of Decision 14126
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Summary:
When a claimant is expecting a recall from a former employer she is entitled to some time to find a job which will allow her to accept the recall. 8 weeks have been considered reasonable. Board's decision amended accordingly.
Decision 13957
Full Text of Decision 13957
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| availability for work |
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Summary:
She finds it unreasonable to search for a 3 or 4-week position until she returns to old job. The Act requires a job search, even if on short lay-off and no matter how little chance claimant may feel she has in finding one.
Decision 13870
Full Text of Decision 13870
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| availability for work |
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Summary:
It may have been quite reasonable for the claimant in terms of his own preferences and priorities to decide not to take temporary work because of his expectations of being called back, but it does not follow from that that he is entitled to collect UI.
other summary
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| availability for work |
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or preferences |
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Decision 13736
Full Text of Decision 13736
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Summary:
Umpires in CUBs 3281, 8574 and 8741 have ruled that a claimant is not available when his priority is to return to the former employer. That is sound law, not an error in law. He had no guarantee that he would be rehired.
other summary
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| board of referees |
errors in law |
availability concept |
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Decision 13132
Full Text of Decision 13132
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| availability for work |
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Summary:
On 26-8, waiting to be recalled to her position of supply teacher which did not happen on a regular basis until 28-9. No grounds to overturn the Board's decision. Indicating to a prospective employer that she was awaiting a recall would inhibit any employer hiring her.
Decision 12751
Full Text of Decision 12751
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Summary:
Laid off 11-4. Expected recall but did not know when. She thought she did not have to look for work while temporarily laid off. Required to seek temporary work. Recalled 12-7.
other summary
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| board of referees |
legislative authority |
purpose of ui system |
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| availability for work |
applicability |
necessary conditions |
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Decision 12610
Full Text of Decision 12610
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| availability for work |
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Summary:
Laid-off from full-time employment, claimant indicated she would not accept other full or part-time employment because she is on call every day and she must be at home to receive those calls. Certainly open to the Board to find that she failed to prove availability.
Decision 12200
Full Text of Decision 12200
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| availability for work |
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Summary:
Laid off 14-10 and after 4 months on benefit, would not accept other part-time work because he wants to be available when called every once in a while by his employer. Overpayment: 937$.
Decision 11995
Full Text of Decision 11995
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| availability for work |
restrictions |
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Summary:
Although the claimant has a democratic right to choose with whom he will be employed, it is an unreasonable restriction to choose to work with a new employer on a date subsequent (3 days) to the one offered in good faith by his present employer.
Decision 11379
Full Text of Decision 11379
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| availability for work |
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Summary:
Laid off with a recall date. Claimant would not accept any other work, temporary or permanent; he was awaiting his recall.
Decision 10795
Full Text of Decision 10795
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| availability for work |
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Summary:
Declared not available as of 18-3 while waiting for promise from employer to be hired as soon as passed examination. Passed examination on 27-4 and employment commenced on 7-5. No other job search. No error of law.
Decision 10635
Full Text of Decision 10635
summary
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| availability for work |
restrictions |
specific employer |
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Summary:
After layoff, claimant recalled for part-time evening job, 5 to 9, 4 evenings a week. Not too interested in taking any other work. Held not available. Finding of fact not frivolous, perverse or capricious.
