Decision 72421

Case Number Claimant Judge Language Decision date
Decision 72421   Stevenson  English 2009-05-21
Decision Appealed Appellant Corresponding Case
Unspecified  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  to take care the childrens 

Summary:

The claimant and his wife were both employed. His mother-in-law cared for their two young children while they were at work but she returned to India. The claimant quit his job to care for the children. The Commission ruled that it could not pay him benefits (1) because he had voluntarily left his employment without just cause and (2) because he had not proved his availability for employment. Claimants who establish just cause for leaving an employment still have to prove their availability for work in order to remain entitled to benefits. Difficulties in arranging childcare or the lack of childcare is itself evidence that one is not available for work. The appeal is dismissed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  Not available and not otherwise available 

Summary:

The claimant and his wife were both employed. His mother-in-law cared for their two young children while they were at work but she returned to India. The claimant quit his job to care for the children. The Commission ruled that it could not pay him benefits (1) because he had voluntarily left his employment without just cause and (2) because he had not proved his availability for employment. Claimants who establish just cause for leaving an employment still have to prove their availability for work in order to remain entitled to benefits. Difficulties in arranging childcare or the lack of childcare is itself evidence that one is not available for work. The appeal is dismissed.


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