Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
availability for work |
restrictions |
specific employer |
|
Summary:
Claimant dismissed for misconduct. Filed a grievance but did not look for employment: he was waiting to go back to his job following the outcome of the grievance procedure. Claimant disentitled for non-availability. Referring to the Harvey case (CUB 17466), the Umpire upheld the Commission's decision: the claimant did not show any evidence that would have led him to believe that he would be recalled to work unless he won his grievance. Claimant not exempt from the obligation to look for new suitable employment. Decision upheld by the FCA.