| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
Summary:
Availability is a statutory requirement pursuant to para. 14(a) and, hence, it cannot be ignored by Umpires, whatever the extenuating circumstances may be. That it may appear reasonable for a claimant not to seek work is insufficient reason to ignore the law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Summary:
As stated in CUB 13957, the Act is quite clear that a claimant must establish his availability for work, and that requires a job search. This requirement is not removed if the period of unemployment is a short one, no matter how little chance of success a claimant may feel a job search would have.
Teacher who ceased work 22-6-90. Not looking for work thereafter, having new employment elsewhere to commence 1-9-90. Having secured a job to commence in 7 weeks, not necessary to maintain a job search, said the Umpire. Error in law. Ss. 14(a) not to be ignored, whatever the extenuating circumstances.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
Summary:
Availability is a statutory requirement pursuant to ss.14(a) and, hence, cannot be ignored by Umpires, whatever the extenuating circumstances may be. That it may appear reasonable for a claimant not to seek work is insufficient reason to ignore the law.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
summer months |
|
Summary:
Not necessary to seek work as claimant had a job to commence in 7 weeks, said the Umpire. We are of the view that he committed an error of law since there was absolutely no evidence that claimant was available for work during the summer period. Para.14(a) cannot be ignored whatever the circumstances.
CUB 14215 quoted with approval: if a teacher wishes to collect UI during the summer, and intends to return to work as a teacher in September, then she/he must be prepared to seek work during the summer of a kind in which she/he is really employable e.g. camp counsellor or other of a 2-month duration.
CUB 14215 quoted with approval: it has repeatedly been said by Umpires that teachers are not entitled to collect benefits during the summer months while waiting for the beginning of the new school year unless they are genuinely in the labour market during that period of time.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a useless act |
|
Summary:
As stated in CUB 13957, the Act is quite clear that a claimant must establish his availability for work, and that requires a job search. This requirement is not removed if the period of unemployment is a short one, no matter how little chance of success a claimant may feel a job search would have.
