| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant took leave from his employer to complete his studies but remained available for work on weekends. The Federal Court of Appeal stated that full time studies create a reputable presumption that the student is not available for work. The presumption can be rebutted only in "exceptional circumstances". The Court concluded that the lack of complete rupture in the employment relationship and some labour attachment does not mean that a person is available for work - there must not be any restrictions on the availability which would limit their chance of obtaining employment.
