Summary of Issue: Setting Up A Business

Decision 76074 Full Text of Decision 76074

The Commission issued a notice of disentitlement pursuant to ss. 9 and 11 of the Act and s. 30 of the Regulations to the Act for failing to prove he was unemployed. The claimant established a claim effective April 26, 2009. He had last worked as a part-time teacher from January 13, 2006 to April 24, 2009. He advised the Commission that she started to work on a contract basis. A copy of his contract clearly states “Contrat entrepreneur”, the claimant was an entrepreneur working out of his home four to six hours per day at $24.00 and was working without supervision or control from the school. He advised he was a self-employed as an English teacher and that his remuneration was sufficient for his need and that he was not seeking employment. The appeal by the claimant is dismissed.

Decision 75760 Full Text of Decision 75760

The Commission's decided not to pay him E.I. benefits because the claimant was self-employed and could not be considered unemployed. The claimant stated that he was spending all his time on his business, rather than looking for other work. He was the sole owner and had no one to help him. He spent more than 12 hours a day on his business. The claimant’s appeal is dismissed by the Umpire.

Decision 73977 Full Text of Decision 73977

In June 2008, the claimant admitted that he obtained a mortgage broker licence. On a questionnaire, he stated that he had been self-employed as a commission-based mortgage broker since June 3, 2008, invested $2,000.00 in office equipment, spent 30 to 50 hours a week during the day or evening on his business and was not looking for other employment. The Commission alleged that the claimant did not prove that he was unemployed and available for work as of August 17, 2008. The claimant’s appeal is dismissed.

Decision 72138 Full Text of Decision 72138

The claimant failed to prove he was unemployed and available for work: availability under S. 18 of the ACT. The BOR also finds as fact that although the claimant states that he did not help in setting up the business, nor help with the cleaning and the painting during business hours Monday to Friday we do not finds this credible. Also, that it is not reasonable to invest such a huge amount of money into a business, and then rely on someone else to oversee the business, while the claimant would continue to look for work. The Board finds as fact that the claimant was spending time and energy setting up his business to be self employed and this was his main intention. The BOR also finds that the claimant conducted a minimal job search. The Umpire confirms the BOR decision and the appeal of the claimant is dismissed.

Decision 39889 Full Text of Decision 39889

Claimant's preparations for the opening of his business and his failure to return to his former job when the opportunity arose signified that the claimant was occupied with preparations for his own business and was not available for work.

Decision 18279 Full Text of Decision 18279

A claimant otherwise available fully subscribes to the conditions of para. 14(a) if, on the facts of the case, it may be found that she is seeking to create her own employment. Like restrictions, some time may be allowed to give her the opportunity to adjust. 5 weeks allowed.

Decision 11807A Full Text of Decision 11807A

Building purchase, renovations and other work to be done certainly required substantial investment of time, but this does not make claimant irreparably not available; question of fact.

Decision 11926 Full Text of Decision 11926

Seems to me that a person is not available and not seriously looking for work if intention is to start own business in near future and person is preparing self and premises for opening.

Decision 11213A Full Text of Decision 11213A

Not enough to state one is available; must also demonstrate availability by serious and constant efforts to seek employment. Aim of UI scheme not to subsidize opening a business.

Decision 11359 Full Text of Decision 11359

Held not available by Board. Claimant's new venture was sufficient to take him out of the job market. Though he may say he was available if opportunities had arisen, claimant appeared to be more preoccupied with the project than making any effort to search for employment.