Decision 40393

Case Number Claimant Judge Language Decision date
Decision 40393   Barbès  French 1998-02-09
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work  prospect of other work 

Summary:

Clmt refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. Umpire found that the clmt did not act as a reasonable and prudent person would have under similar circumstances. He did not prove that he had been caught between two employers making similar job offers.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  natural justice  free of bias 

Summary:

Clamt alleged that he had reasonable grounds to believe that the chairperson of the board had not fulfill his obligation of impartiality and had an aggressive attitude toward him during the hearing. Grounds based on fear of bias must be serious and it has to be demonstrated that natural justice has been violated. Since he refused to produce the recording of the hearing, the clmt was unable to prove that he had not received an impartial hearing.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  job search  recall or other probable employment 

Summary:

Clmt refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. He alleged that he had demonstrated his availability by presenting a list that was not specific in terms of dates and interviews. Umpire found that the clmt was keeping himself available for a single employer who, at the time, had no work to offer him.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  applicability  relation with refusal of work 

Summary:

Claimant refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. He alleged that he had demonstrated his availability by presenting a list that was not specific in terms of dates and interviews. Referring to Michel (A.692.92), Umpire found that a claimant who is disqualified for refusing employment may occasionally act in a manner which justifies disentitlement for non-availability.


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