Decision 11009

Case Number Claimant Judge Language Decision date
Decision 11009   Joyal  English 1985-08-28
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  weight of statements 

Summary:

Law consistently interpreted as denying benefit when a person is attending a course with definite goal in mind and to which he must necessarily devote full time, attention and energy. Not sufficient to say that he would abandon the course if a job offered.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  applicability  necessary conditions 

Summary:

Ss.14(a) imposes on a claimant the burden of proving for any working day that he is capable, available and unable to obtain work. These 3 conditions must be met. Not one out of 3 or 2 out of 3 but all of them.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  time required for studies 

Summary:

Law consistently interpreted as denying benefit when a person is attending a course with definite goal in mind and to which he must necessarily devote full time, attention and energy. Not sufficient to say that he would abandon the course if a job offered.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  purpose of the legislation 

Summary:

Claimant under misapprehension. He does not meet the availability requirement, no matter how virtuous might have been his decision to enter into an extensive course. The Act is not to be construed as providing bursaries or scholarships to full-time students.


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