| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
out of canada |
|
Summary:
While temporarily residing in Florida claimant decided to pursue employment in an occupation not under the Free Trade Act. He did not have a valid work permit, nor would one be issued upon finding work. A long visa process would then ensue, which could take 60 to 90 days. This is a personal condition which the claimant has set for his employment. He cannot be said to be available for work. He cannot received benefits by virtue fo s. 32 of the UI Act.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
penalties |
knowingly |
|
Summary:
Penalty imposed for knowingly making 3 false or misleading statements for not disclosing his absence from Canada. Umpire ruled that in order for the claimant to have knowingly made false or misleading statements he would have to have thought that he was not entitled to benefits but made the claim regardless. However in this case, the claimant could not knowingly have made false or misleading statements when he was of the opinion that he was entitled to benefits.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
penalties |
outside of canada |
|
Summary:
Penalty imposed for knowingly making 3 false or misleading statements for not disclosing his absence from Canada. Umpire ruled that in order for the claimant to have knowingly made false or misleading statements he would have to have thought that he was not entitled to benefits but made the claim regardless. However in this case, the claimant could not knowingly have made false or misleading statements when he was of the opinion that he was entitled to benefits.
