Summary of Issue: Availability For Work

Decision 70106 Full Text of Decision 70106

The claimant kept occupied as a lobster fisherman each year between the end of November to the end of May. During the remaining months he worked as a wormer. The evidence establishes that it was the intention of the claimant to remain unavailable for work from June to November 2005 except to be occupied for a sufficient period and to earn enough to preserve his worming license.

Decision A-0740.00 Full Text of Decision A-0740.00

Claimant found not available by reason of his enrollment in a full-time course of study. He argues that SS.9(3) of the EIR (Fishing) is an exception to par.18(a) of the Act within the separate employment insurance regulations established for fishers. Argument dismissed by the FCA. It is only employment, engagement or operation of a business in fishing during a benefit period that entitles a fisherman to be deemed unemployed and available for work for purposes of employment insurance.

Decision 50701 Full Text of Decision 50701

Claimant employed as a fisher between 16-04 to 13-07-99. On 07-09-99, he began a course of instruction on a full time basis. Disentitled for being not available. Claimant is of the view that Reg. 9(6) of the fishing regulation does exempt fishermen from proving availability. Held by Umpire that the purpose of the Regulations is to exempt the fisher from having to be available for other work during the off season because he is ordinarily engaged in the work incidental to his trade. Claimant has not proven that this course is incidental to his work as a fisher.