| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
incomplete information |
|
Summary:
The exact number and type of applications that must be made and the specific format for claimant's record of job searches are nowhere indicated in the legislation. The real issue is whether claimant had evinced a sincere desire to work and made reasonable efforts.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
evidence new |
|
Summary:
Employer sought to introduce evidence showing that employees were encouraged by management to volunteer for lay-off. The Board refused to consider this. As non-availability was based in part on the voluntary nature of lay-off, such evidence was relevant. Violation of natural justice.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
Summary:
Whether one is available and seeking employment is a question of mixed law and fact. The construction of the word "available" is a matter of law; its application to the particular circumstances is a matter of fact.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
how to search |
|
Summary:
The Board believed that the legal status of availability requires that the job search be conducted in some way other than by telephone. This is incorrect. No such requirement exists. Error in law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to be heard |
employer |
|
Summary:
Employer sought to introduce evidence showing that employees were encouraged by management to volunteer for lay-off. The Board refused to consider this. As non-availability was based in part on the voluntary nature of lay-off, such evidence was relevant. Violation of natural justice.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
|
Summary:
The exact number and type of applications that must be made and the specific format for claimant's record of job searches are nowhere indicated in the legislation. The real issue is whether claimant had evinced a sincere desire to work and made reasonable efforts.
I reiterate that the question is to be decided on an individual basis and not to be prejudged by any rule of thumb dictating acceptable job search activity when there exists no such standard in law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
availability concept |
|
Summary:
Whether one is available and seeking employment is a question of mixed law and fact. The construction of the word "available" is a matter of law; its application to the particular circumstances is a matter of fact.
The Board believed that the legal status of availability requires that the job search be conducted in some way other than by telephone. This is incorrect. No such requirement exists. Error in law.
