| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Construction worker skilled in the installation and repair of roofs. Claimant disentitled only one month after filing his claim, because of the kind of work he was looking for. In the absence of any precise definition in the Act, the FCA reiterated that availability had to be verified through analysis not of one, but of three factors: 1) the desire to return to the labour market as soon as suitable employment is offered; 2) expression of this desire through job searches; 3) non-establishment of personal conditions that can unduly restrict employment opportunities. The FCA decided, in reading the reasons given by the BOR and by the Umpire, that only the third factor had been taken into consideration, and that a finding of unavailability could not be reached from such a narrow base.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Construction worker skilled in the installation and repair of roofs. Claimant disentitled only one month after filing his claim, because of the kind of work he was looking for. In the absence of any precise definition in the Act, the FCA reiterated that availability had to be verified through analysis not of one, but of three factors: 1) the desire to return to the labour market as soon as suitable employment is offered; 2) expression of this desire through job searches; 3) non-establishment of personal conditions that can unduly restrict employment opportunities. The FCA decided, in reading the reasons given by the BOR and by the Umpire, that only the third factor had been taken into consideration, and that a finding of unavailability could not be reached from such a narrow base.
