Decision 11879

Case Number Claimant Judge Language Decision date
Decision 11879   Rouleau  English 1986-04-03
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training  change of course 

Summary:

Referred to computer course starting 6-9-83 due to finish 10-8-84. Due to failing grades, principal counselled her in 1-84 to change to a secretarial course which she did. Has to prove her availability from then on as not referred. Retroactive ruling.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  presumption 

Summary:

Attendance at a full-time course when claimant not referred to it raises a strong presumption of non-availability and the onus is on claimant to rebut this. The Act does not provide for an automatic disentitlement but a claimant must be available for work.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  disentitlement not automatic 

Summary:

Attendance at a full-time course when claimant not referred to it raises a strong presumption of non-availability and the onus is on claimant to rebut this. The Act does not provide for an automatic disentitlement but a claimant must be available for work.


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