| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Summary:
The claimant was denied EI benefits on the basis that she was not available for work, as she had enrolled in a full-time course. The FCA concluded that both the BOR and the Umpire did appreciate the presumption of non-availability and that it could be rebutted through proof of exceptional circumstances. The FCA also dismissed the AGC's argument that the BOR's reasons were inadequate. In the FCA's view, the BOR provided comprehensive reasons. It gave reasons for discounting statements made by the claimant in the questionnaire in favour of the oral testimony. Moreover, the FCA agreed with the Umpire's conclusion that the BOR did not err in its assessment of the claimant's credibility or the statements regarding her availability for work.
