Decision 22875

Case Number Claimant Judge Language Decision date
Decision 22875   Rothstein  English 1993-09-13
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  incompatible situations  family obligations 

Summary:

Ss. 28(4) must be construed to be consistent with s. 14 which requires that a person be available for work. As I construe the Act, a person who leaves work because of an obligation to care for a child will not be disqualified but must nevertheless make arrangements so as to be available for work.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  applicability  rationale 

Summary:

The objective of the legislation is that people be generally available for work and have an obligation to seek out employment with as few restrictions as possible in order to have a reasonable prospect of finding employment. Conditions set by this claimant run counter to the objective.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  restrictions  work at home 

Summary:

A person who places a condition on her availability such that she will only do work at her own home takes herself out of such a large portion of the labour market that, in my view, the Board in this case was justified in concluding that she was indeed not available for work.


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