Decision 20758
Full Text of Decision 20758
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Summary:
Claimant asserts that she would not have restricted her availability to part-time work but for the information provided by an official of the Commission. GRANGER held that misinformation received from the Commission affords no justification based on equity for overriding the law.
Decision 18166A
Full Text of Decision 18166A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Summary:
Seasonal layoff expected to last 7 weeks. Claimant initially said he was not available until recalled. Disentitlement terminated after 1 month. It is argued that a decision should have been issued shortly under ss.39(3) and he would have made himself available sooner.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
Decision 16240
Full Text of Decision 16240
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Summary:
Advised 2 months late that her entitlement to UI sickness had expired. Her treatment was elective and had she known she would not be entitled to UI she would have made herself available for work. This may be so. It remains that she was not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| sickness benefits |
expiration of sickness benefits |
|
|
| availability for work |
incompatible situations |
health reasons |
|
Decision 13998
Full Text of Decision 13998
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Summary:
Left the course when advised it disentitled her but delays occurred due to notice sent to wrong address. Claimant's point that she would have been available for work had the Commission not mailed the notice to the wrong address, while possessing some merit, is not sufficient.
Decision 11724
Full Text of Decision 11724
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
Commission allegedly at fault |
|
Summary:
Upon being informed by a UI clerk that he was entitled to a 2-week vacation before his sponsored course commenced, he left his employment 2 weeks early. Would have acted otherwise if not so told. But for that explicable mistake he has proven that he would have been available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
Decision 15100
Full Text of Decision 15100
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
bankruptcy |
|
Summary:
Claimant held not available for 3 days while employed. Earnings not considered due to employer's bankruptcy and claimant not paid. The Board found that claimant was not available while working full days. The Board's decision is correct on the facts.
Decision 13183
Full Text of Decision 13183
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
days of work |
|
Summary:
Claimant was not paid for 2 days while employed as salesman. The claimant was clearly not available on those days as he was engaged in other employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 40597
Full Text of Decision 40597
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
The case law has clearly established that the concept of availability implies a sincere desire not only to make oneself available, but also, and above all, to make a serious effort to find a job. In the present case, it seems that a single job search does not meet the requirements of the above-noted criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
applicability |
proof |
|
Decision 38249
Full Text of Decision 38249
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
In order to be eligible for benefits it is incumbent upon a claimant to prove that he is available for employment. This means availability for full-time employment during the hours accepted as normal working hours in the labour market as well as evidence of a genuine and ongoing job search.
Decision A-0056.96
Full Text of Decision A-0056.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Construction worker skilled in the installation and repair of roofs. Claimant disentitled only one month after filing his claim, because of the kind of work he was looking for. In the absence of any precise definition in the Act, the FCA reiterated that availability had to be verified through analysis not of one, but of three factors: 1) the desire to return to the labour market as soon as suitable employment is offered; 2) expression of this desire through job searches; 3) non-establishment of personal conditions that can unduly restrict employment opportunities. The FCA decided, in reading the reasons given by the BOR and by the Umpire, that only the third factor had been taken into consideration, and that a finding of unavailability could not be reached from such a narrow base.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision A-0057.96
Full Text of Decision A-0057.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Case identical to that of Michel Faucher (FCA A-0056.96). See summary indexed under this case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 35661
Full Text of Decision 35661
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Every claimant must, in accordance with the Act and Regulations, meet certain requirements, such as being available, in order to be entitled to benefits. However, a claimant's availability must be demonstrated by a real and active job search.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
job search |
recall or other probable employment |
|
Decision 30987
Full Text of Decision 30987
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 30988
Full Text of Decision 30988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision 25193
Full Text of Decision 25193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Standard availability has been described as the willingness to accept immediately any employment opportunity in one's work area by using any available means of transportation, without demanding anything more than what is suitable under the legislation in terms of type of work, wages, salary, hours.
In order to show that they are available, claimants must establish that they are willing and ready to accept any employment for which they are suited by skill, training or aptitude, and for which there is a normal demand in the labour market.
Standard availability has been described as the willingness to accept immediately any employment opportunity in one's work area by using any available means of transportation, without demanding anything more than what is suitable under the legislation in terms of type of work, wages, salary, hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
|
| availability for work |
applicability |
definition |
incapacity |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 21935
Full Text of Decision 21935
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Refer to: A-1472.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
geographical area |
|
| availability for work |
restrictions |
type of work |
|
| board of referees |
legislative authority |
purpose of ui system |
|
| refusal of work |
suitability |
defined |
|
| availability for work |
restrictions |
geographical area |
after moving |
Decision A-1472.92
Full Text of Decision A-1472.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Parliament has established clearly in s. 14 that a claimant must be available but has left it at that. A definition of the concept is nowhere to be found. No doubt it was felt useless to add that availability was a question of fact to be considered on the basis of all the circumstances of each case.
Availability is usually described, in the case law, either as a sincere desire to work demonstrated by attitude and conduct and accompanied by reasonable efforts to find a job, or as a willingness to reintegrate the labour force under normal conditions without unduly limiting chances of work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
geographical area |
|
| availability for work |
restrictions |
type of work |
|
| refusal of work |
suitability |
defined |
|
| board of referees |
legislative authority |
purpose of ui system |
|
| availability for work |
restrictions |
geographical area |
after moving |
Decision 21933
Full Text of Decision 21933
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Claimants are only required to be available for "suitable" employment until asked by the CEIC to broaden their job search. Suitability is defined by reference to the type of work held before becoming unemployed. Refusing work that is not suitable does not show unavailability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 18824
Full Text of Decision 18824
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire and personal efforts to find work without unduly restrictive conditions. One's intentions may indicate whether he had a sincere desire to work and if he imposes conditions the CEIC must establish they are unreasonable before disentitling.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
work permit limitations in canada |
|
| availability for work |
restrictions |
labour market information |
|
Decision 18347
Full Text of Decision 18347
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is characterized as a willingness to work under normal conditions without undue restrictions. Willingness is a personal factor evinced by conduct. It presupposes a sincere desire to work and reasonable efforts. One can freely do just as onepleases if UI not claimed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
|
Decision 17604
Full Text of Decision 17604
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact and generally the Board is in the best position to make this determination. Availability is a willingness to work under normal conditions without undue limitations. Willingness is a personal factor demonstrated by one's attitude and conduct.
Decision 14028A
Full Text of Decision 14028A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact to be examined and weighed by taking into account not only one's intentions, but also the number and frequency of job opportunities which may exist in the type of job one is capable of undertaking, in the area in whichone wants to be employed.
Decision 16075
Full Text of Decision 16075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Not enough to have paid premiums and be out work, one must also be available. This implies a willingness to work under normal conditions, a sincere desire to work accompanied by personal efforts to find work. Burden on proof on claimant. [layoff requested by claimant]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
| availability for work |
applicability |
necessary conditions |
|
Decision 13363A
Full Text of Decision 13363A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Chiefly a question of fact. It implies a willingness to work under normal conditions without unduly limiting chances of employment. Willingness is a personal factor demonstrated by one's attitude and conduct. Claimant must establish search for employment and readiness. [p. 5]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
labour market information |
|
Decision 14357
Full Text of Decision 14357
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
The definition of "available" does not include the requirement of being authorized to work. Dictionary meanings examined. Availability does not mean capable as that term is also used in 14(a). It means "accessible" or "obtainable". Non-availability is not automatic but is a handicap.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
jurisdiction |
oral evidence |
|
| availability for work |
restrictions |
work permit limitations in canada |
|
Decision 12735
Full Text of Decision 12735
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
It presupposes a sincere desire and efforts, not unduly restrictive. Restrictions not objectionable initially will become so if maintained for unreasonable period. Whether reasonable depends upon facts and is a matter of judgment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
full-time |
|
|
| availability for work |
restrictions |
part-time work |
|
Decision 12313
Full Text of Decision 12313
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is a question of fact and implies that a claimant must be ready, willing and able to accept immediately any offer of suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 12281
Full Text of Decision 12281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work, accompanied by personal efforts to find work. Those efforts must be active and a claimant is obliged to show diligence in seeking suitable employment and cannot rely upon others to find it for him. [p. 6]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
| board of referees |
natural justice |
notice of hearing |
|
| board of referees |
weight of statements |
hearsay |
|
| availability for work |
applicability |
rationale |
|
Decision 11813
Full Text of Decision 11813
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
It presupposes a sincere desire, personal efforts and conditions not unduly restrictive. Non-availability may be evidenced by unreasonable restrictions. While not objectionable initially, they may become so after a period of time and claimants must lookoutside usual occupation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
type of work |
|
| teaching |
availability for work |
summer months |
|
Decision 11756
Full Text of Decision 11756
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability is essentially a question of fact and implies that any claimant must be ready, willing and able to accept immediately any offer of suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
from a Commission agent |
|
| availability for work |
job search |
as a requirement |
|
Decision 11731
Full Text of Decision 11731
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Initially, conditions of employment and range of availability may be limited. Mere statement of availability not sufficient. Active search necessary, not passive waiting.
Decision 11365
Full Text of Decision 11365
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Broad principles that apply: active searches showing sincere desire to work, no requirements included as to type of work, level of pay and hours or because of transportation.
Decision 11069
Full Text of Decision 11069
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
When all is said and done availability is essentially a question of the intention of the claimant. Does one really desire to be a member of the work force and does the action taken to accomplish that desire (job searches) substantiate the expressed intention?
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 10993
Full Text of Decision 10993
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work, personal efforts to find work and conditions not unduly restrictive. Non-availability may be evidenced by unreasonable restrictions on type of employment, wages or area. Restriction might not be objectionable initially.
Decision A-0706.84
Full Text of Decision A-0706.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Summary:
Availability presupposes a sincere desire to work accompanied by personal efforts and conditions not unduly restrictive. Efforts must be active, not just passive and one must not be merely in a state of readiness, said the Umpire. The Umpire did not errin his conclusion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| teaching |
availability for work |
deferred salary leave |
|
| availability for work |
incompatible situations |
leave requested |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
Decision 25193
Full Text of Decision 25193
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
Summary:
Capability is to be interpreted as meaning capable of performing work of some kind as an employee, as it is ordinarily done and under conditions in which employees under a contract of service ordinarily work. This will usually be related to the claimant's physical condition. A question of fact.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
|
| availability for work |
applicability |
definition |
|
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 16061
Full Text of Decision 16061
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
incapacity |
Summary:
The requirement in 14(a) that a claimant must be capable for work refers to physical capability in the sense of being physically well or not being subject to some restraint which makes the person unable to work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
| umpires |
grounds of appeal |
capricious finding |
req'd |
Decision 45899
Full Text of Decision 45899
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
immediate availability |
|
Summary:
Claimant asserted that, because he had chosen to be confined to a residential drug addiction treatment centre, he was not subject to par. 32(a) of the Act regarding inmates. Claim dismissed by the Umpire. Claimant was required to be at the residential drug addiction treatment centre 24 hours a day. The court order even stated that he would be taken into custody if he left the residential centre. Claimant was not in a position to look for work or hold any type of job. FCA decision in Whiffen (A-1472.92) cited.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
imprisonment |
|
Decision 21518
Full Text of Decision 21518
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
immediate availability |
|
Summary:
Would quit the course if she gets work in her profession. Could not expect such work until she passed the qualifying exams. As per CUB 9016, availability at some future date is not sufficient. Not eligible to practice medicine. All her efforts were directed to the future.
Decision 13106
Full Text of Decision 13106
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
immediate availability |
|
Summary:
Availability referred to by Act is not availability to obtain better employment but to find employment quickly; availability must be immediate and relate to every working day.
Decision 65204
Full Text of Decision 65204
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
The claimant acknowledged that employers could not contact him, because he was unable to receive calls on his cell phone, as he could not afford that service. The umpire stated that the claimant could not be satisfied with just contacting employers and not giving them an opportunity to contact him. He concluded that the claimant had imposed personal conditions or difficulties which made any chance of getting a job almost impossible.
Decision A-0031.00
Full Text of Decision A-0031.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Referring to the decision in Faucher (A-0056.96), the FCA restated the three criteria for proving availability: (1) desire to return to the labour market as soon as an offer of suitable employment is received, (2) demonstration of desire through efforts to find this suitable employment and (3) no personal conditions that may unduly limit the chances of returning to the labour market.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision A-0057.96
Full Text of Decision A-0057.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Case identical to that of Michel Faucher (FCA A-0056.96). See summary indexed under this case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision A-0056.96
Full Text of Decision A-0056.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Construction worker skilled in the installation and repair of roofs. Claimant disentitled only one month after filing his claim, because of the kind of work he was looking for. In the absence of any precise definition in the Act, the FCA reiterated that availability had to be verified through analysis not of one, but of three factors: 1) the desire to return to the labour market as soon as suitable employment is offered; 2) expression of this desire through job searches; 3) non-establishment of personal conditions that can unduly restrict employment opportunities. The FCA decided, in reading the reasons given by the BOR and by the Umpire, that only the third factor had been taken into consideration, and that a finding of unavailability could not be reached from such a narrow base.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision 30988
Full Text of Decision 30988
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision 30987
Full Text of Decision 30987
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Refer to FCA A-0056.96
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
Decision 21896
Full Text of Decision 21896
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Error on Record of Employment. She argues that had the error not occurred, she would have made a job search. An error occurred and she followed a course of action which meant she was not able to prove availability. Neither the CEIC, the Board nor an Umpire can undo this.
Decision 16075
Full Text of Decision 16075
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Not enough to have paid premiums and be out work, one must also be available. This implies a willingness to work under normal conditions, a sincere desire to work accompanied by personal efforts to find work. Burden on proof on claimant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
layoff requested |
|
| availability for work |
applicability |
definition |
|
Decision 15760
Full Text of Decision 15760
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Para. 25(a) requires 3 concurrent conditions. These conditions are not alternatives. A claimant must be capable of working. He must also be available for work. He must finally be unable to obtain suitable employment. All 3 conditions must be met.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
Decision S-1059.84
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
The essential condition for entitlement to unemployment benefits is to be capable of and available for work and unable to obtain suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
conditions required |
|
|
| board of referees |
legislative authority |
purpose of ui system |
|
| board of referees |
rules of construction |
intent and object |
|
| basic concepts |
benefit periods |
extension |
applicability |
| basic concepts |
benefit periods |
extension |
workers' compensation |
Decision 14007
Full Text of Decision 14007
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
I underline some words here to indicate 3 cumulative conditions imposed on any claimant before he becomes entitled to benefits: capability, availability, unable to obtain suitable employment. Each of these 3 must be complied with.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 12999
Full Text of Decision 12999
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Para. 25(a) contains three conditions: being capable of, available for and unable to obtain employment. Each must be met.
Decision 12751
Full Text of Decision 12751
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
The benefit system is designed to pay unemployed individuals only in accordance with the rules set out in the Act. One of those rules is that the unemployed person must be actively looking for work. No one can alter this requirement.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
specific employer |
|
| board of referees |
legislative authority |
purpose of ui system |
|
Decision 12041
Full Text of Decision 12041
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
A claimant must prove availability, capability and inability to obtain suitable employment for every day for which benefits are claimed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
| availability for work |
restrictions |
type of work |
|
| availability for work |
restrictions |
in several respects |
|
| availability for work |
job search |
reliance on others |
|
Decision 11009
Full Text of Decision 11009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Summary:
Ss.14(a) imposes on a claimant the burden of proving for any working day that he is capable, available and unable to obtain work. These 3 conditions must be met. Not one out of 3 or 2 out of 3 but all of them.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
weight of statements |
|
| availability for work |
courses |
time required for studies |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 18093
Full Text of Decision 18093
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
non-working days |
|
Summary:
It should be noted that the absence of claimant from his residence on 19-7-86 and 18-7-87 could not in law justify a finding that he was not available. Each of those days was a Saturday. According to the definition of "working day" in reg. 45, Saturday is not a working day.
Decision A-0652.93
Full Text of Decision A-0652.93
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
recall or other probable employment |
|
| availability for work |
incompatible situations |
good reasons |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision 23243
Full Text of Decision 23243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
Summary:
Refer to: A-0652.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
good reasons |
|
| availability for work |
job search |
recall or other probable employment |
|
| teaching |
availability for work |
summer months |
|
| availability for work |
job search |
as a useless act |
|
Decision 14347
Full Text of Decision 14347
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
Summary:
Claimant started a course on 29-9. The Board found that claimant was available from 27-11. Nothing of consequence happened on 27-11 other than receipt of explanations. What she proved on 27-11 was that she always had been available.
Decision 12712
Full Text of Decision 12712
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
Summary:
The job searches took place in September, October and November. Thus, if the Board accepted them as evidence of a job search, it should have cancelled the disentitlement as of 29-9, not merely from the date of the hearing.
Decision 11036
Full Text of Decision 11036
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
ongoing requirement |
|
Summary:
Claimant's prior conduct for which he has already been disentitled is not determinative of his subsequent availability. While prior conduct may have some relevance on credibility, it cannot form the basis of indefinite disentitlement. Ongoing requirement.
Decision A0067.09
Full Text of Decision A0067.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
personal situation |
|
Summary:
The Commission concluded that the claimant was not available for work. The FCA went on to deal with the main issue and found that not withstanding the claimant's desire to attend work, he was not available within the meaning of the EIA as a result of obstacles which prevented him from getting to work. The FCA concluded by quoting Sarkis (CUB 25057) it goes without saying that a person may not be regarded as available when that person admits to not being available or is in a situation that prevents him or her from being available.
Decision 75112
Full Text of Decision 75112
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The claimant had established a claim for sickness benefits and received the full 15 weeks allowable. Then she was only able to work part time and was restricted for a period of some three months. The Board of Referees determined that she should be entitled to a reasonable time to return to normal working hours. Under the Act a person must show they are capable and available for work and unable to find suitable employment. In this case, the claimant was working to the full extent of what she could do during this three month period. There was no evidence that she was looking for other work and unable to find suitable employment. The appeal by the Commission is allowed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
reasonable period of time |
|
Decision 40597
Full Text of Decision 40597
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The case law has clearly established that the concept of availability implies a sincere desire not only to make oneself available, but also, and above all, to make a serious effort to find a job. In the present case, it seems that a single job search does not meet the requirements of the above-noted criterion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
definition |
|
| availability for work |
job search |
as a requirement |
|
Decision 33717
Full Text of Decision 33717
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The beneficiary refuses to provide evidence of job search to certify his availability, though he maintains that he was always available to work. However, a mere statement to that effect is not sufficient. The statement must be accompanied by evidence that he has been looking for work, as required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
|
| availability for work |
applicability |
request for information |
|
Decision 25057
Full Text of Decision 25057
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
One cannot be considered available when one admits not being available or, when the situation is such as to prevent one from accepting any work. The receipt of benefits depends on evidence that the claimant is available for work, not on the reason for being unavailable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Decision 18065
Full Text of Decision 18065
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The entitlement to benefit does not, alone, depend on the fact that one is available for work but rather on proving it. The proof of availability rests upon the claimant and a mere statement by the claimant standing alone (or with one job application) is insufficient.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
rationale |
|
|
Decision 15799
Full Text of Decision 15799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Refer to: A-1049.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| antedate |
disentitlement period at issue |
availability |
|
| availability for work |
incompatible situations |
health reasons |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
Decision A-1049.88
Full Text of Decision A-1049.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The Board erred in law. Availability is to be determined objectively: see BERTRAND. The fact that claimant thought in good faith that she could not work did not render her available [for a period in respect of which her doctor said she was capable].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
health reasons |
|
| antedate |
disentitlement period at issue |
availability |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
availability concept |
|
Decision 14879
Full Text of Decision 14879
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Obviously, the Board based its decision on a burden of proof that is too demanding. The insured does not have to prove her availability beyond all reasonable doubt. It is sufficient to do so by weight of evidence. Error in law.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
burden of proof |
|
Decision 14348
Full Text of Decision 14348
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
The claimant should keep in mind at all times that the onus is on him to look for work and to show that he is prepared to accept employment on reasonable terms. Not on the Commission to show that claimant has been offered work which he has refused to take.
Decision 13986
Full Text of Decision 13986
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Up to claimant to prove availability, and not to Commission to establish that claimant was not available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
| availability for work |
courses |
extent of availability required |
|
Decision 13266
Full Text of Decision 13266
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Availability is not subject to proof beyond doubt as is case in criminal prosecutions, but to test of balance of probabilities.
Decision 11556
Full Text of Decision 11556
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Claimant writes that the Board and CEIC have failed to prove that he was unavailable. The onus, however, is on claimant to prove that he was available and not on the CEIC or the Board to prove that he was unavailable.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
| board of referees |
weight of statements |
not signed |
|
Decision 10915
Full Text of Decision 10915
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Board reversed burden of proof when it concluded that it had serious doubts as to insured's availability (and found for insured). I am therefore justified in reversing the decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
in several respects |
|
| availability for work |
incompatible situations |
family obligations |
|
Decision A-0298.74
Full Text of Decision A-0298.74
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
|
Summary:
Entitlement to benefit is conditional not on being available and unable to find employment, but on proving this. Impossible to prove it if do not prove that efforts were made to find work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
make regulations |
|
| availability for work |
job search |
as a requirement |
|
Decision A-1437.92
Full Text of Decision A-1437.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
retroactive |
Summary:
The Board's decision seems to be based, not on the refusal to give a retroactive effect to evidence which covers an earlier period, but on the conviction that credibility should be given to the claimant's statement that she was now willing (new attitude) to accept an employment.
Obviously the claimant's counsel is right in saying that proof of availability for an earlier period could and even should normally make it possible to reestablish eligibility that is diputed by the Commission on the basis that the claimant was not unavailable.
Decision 21799
Full Text of Decision 21799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
proof |
retroactive |
Summary:
Refer to: A-1437.92
Decision 22875
Full Text of Decision 22875
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
Summary:
The objective of the legislation is that people be generally available for work and have an obligation to seek out employment with as few restrictions as possible in order to have a reasonable prospect of finding employment. Conditions set by this claimant run counter to the objective.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
| availability for work |
restrictions |
work at home |
|
Decision 12281
Full Text of Decision 12281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
Summary:
The whole tenor of the Act is to provide temporary relief to those persons who through no fault of their own lose their employment and are actively seeking employment of a nature which it is possible to find in some place readily accessible to where they live. [p. 6-7]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
right to cross-examine |
|
|
| board of referees |
natural justice |
notice of hearing |
|
| board of referees |
weight of statements |
hearsay |
|
| availability for work |
applicability |
definition |
|
Decision 12041
Full Text of Decision 12041
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
Summary:
To provide temporary relief to those persons who, through no fault of their own, lose their employment and are actively seeking employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
type of work |
|
| availability for work |
restrictions |
in several respects |
|
| availability for work |
applicability |
necessary conditions |
|
| availability for work |
job search |
reliance on others |
|
Decision 11619
Full Text of Decision 11619
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
rationale |
|
Summary:
The social value evinced by UI is to put monetary benefits in the hands of involuntarily unemployed who remain willing and able to take suitable employment, without undue restrictions, as soon as possible so as to avoid unnecessarily taking money from fund.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
|
| teaching |
casual or substitute |
applicability |
|
Decision 40393
Full Text of Decision 40393
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
Summary:
Claimant refused a job offer in his trade as a tinsmith and chose to wait for an uncertain offer from his former employer. He alleged that he had demonstrated his availability by presenting a list that was not specific in terms of dates and interviews. Referring to Michel (A.692.92), Umpire found that a claimant who is disqualified for refusing employment may occasionally act in a manner which justifies disentitlement for non-availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| refusal of work |
prospect of other work |
|
|
| board of referees |
natural justice |
free of bias |
|
| availability for work |
job search |
recall or other probable employment |
|
Decision A-0686.93
Full Text of Decision A-0686.93
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
Summary:
Even though the Act does not provide a definition of the concept of availability, ss. 41(8) makes it clear that "suitable employment" is at the core of the concept and, according to s. 27, the suitability is to be assessed with reference to one's personal circumstances and duration of unemployment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
| teaching |
availability for work |
restriction |
substitute |
Decision 23391
Full Text of Decision 23391
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
Summary:
Refer to: A-0686.93
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
warning before disentitlement |
|
| teaching |
availability for work |
restriction |
substitute |
Decision A-1692.92
Full Text of Decision A-1692.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
Summary:
The actions of a claimant on which his disqualification is based (sect. 27) can also indicate behaviour that justifies disentitlement of benefits (sect. 14). For example, refusing employment twice can indicate that a claimant is in fact not available for work.
Two refusals of employment leading to two statements of disqualification and one disentitlement. According to the umpire, disqualification and disentitlement cannot be imposed for the same reasons. Error in law, according to the Court. Disqualification and disentitlement relate to different realities and distinct regimes.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
|
|
| basic concepts |
disqualification |
multiple |
|
Decision 22116
Full Text of Decision 22116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
relation with refusal of work |
|
Summary:
Refer to: A-1692.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification and disentitlement |
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| basic concepts |
disqualification |
multiple |
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Decision 33717
Full Text of Decision 33717
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
request for information |
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Summary:
The beneficiary refuses to provide evidence of job search to certify his availability, though he maintains that he was always available to work. However, a mere statement to that effect is not sufficient. The statement must be accompanied by evidence that he has been looking for work, as required.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
as a requirement |
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| availability for work |
applicability |
proof |
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Decision 17929
Full Text of Decision 17929
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
request for information |
|
Summary:
Claimant was given a job search statement to return 4-12. She failed to and was disentitled from 5-12 under s.41. The power to waive or vary s.41 clearly rests with the Commission alone. Not for Board or Umpire to set it aside. That is a matter within the Commission's discretion.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
hearings |
tape-recording |
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Decision 15693
Full Text of Decision 15693
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
request for information |
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Summary:
Declared unavailable from 25-5 to 18-6; did not answer the questionnaire of 4-5. Started searching for employment of 4-5, became available on 4-5 since this is a matter of availability, not of section 41. The Board could not invoke section 41 as it is not mentioned in the decision.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
error by board |
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Decision 21241
Full Text of Decision 21241
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
Claimant's job was being held for her, she requested a 3-month extension on her maternity leave and she could return any time she wished. There is no dispute that she has a job waiting for her when she is ready to return. Not unable to find suitable employment.
Decision 20925
Full Text of Decision 20925
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
Welder who, for personal reasons, chose when to work. Held not available because he was employed to the extent that he wanted to work in order to handle his personal matters. Number of hours available: 500. Only worked 230. Voluntarily did not work as often as he could have.
Decision 20403
Full Text of Decision 20403
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
The claimant could, upon giving 2 weeks' notice to her previous employer, return to her previous job. She intended to do so, but only in December, when a suitable person would be available to look after her children. She does not meet the objective test of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
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Decision 20137
Full Text of Decision 20137
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
Following maternity benefits, claimant had her leave extended by 2 months due to the stressful nature of the job. She had a position waiting for her for which she was qualified. She does not meet the objective test of being unable to find suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
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Decision 19501
Full Text of Decision 19501
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
On 3 occasions when asked by employer she refused to indicate her availabilty for the summer as a school bus driver. She had notice, in a general way, that work would be available. She effectively took herself out of the job market for that summer's work.
Decision 19269
Full Text of Decision 19269
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
Real estate licence issued 31-5-89 but did not commence work until 8-89. There is some indication that full-time work was available. If indeed there was an employment opportunity which he neglected to act upon, the disentitlement from 31-5-89 would be an entirely correct finding.
Decision 15978
Full Text of Decision 15978
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
Claimant failed to prove that he was unable to obtain suitable employment. He chose to only work part-time though full-time work was available. He had set his own working hours in order to accommodate his other ambitions.
Decision 15764
Full Text of Decision 15764
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
On 1-year leave of absence to look for other work. She can return to her position or similar duties and wages at any time after 30 days' notice. Requirement to accept suitable work designed to prevent abuse and minimize use of UI funds. S.28 balances off 30-day waiting period.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
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Decision 13997
Full Text of Decision 13997
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
The inability to find suitable employment means that a claimant is required to prove that he searched for suitable employment on that day and was unable to find it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
referral |
discrimination |
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| courses of instruction or training |
referral |
legal authority |
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Decision 13505
Full Text of Decision 13505
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
On extended leave because of fact that because of her child she could not work 12 hour shifts as nurse, which are common hours in Vancouver. Case turns on facts. Did not prove incapable of finding suitable employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
leave requested |
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Decision 13381
Full Text of Decision 13381
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
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Summary:
Case turns on facts: registered nurse who was unable to renew her annual licence on time; employer had to lay her off for 3 weeks. It had offered to have her work as nurse's aide while waiting, which she refused.
Decision 12715
Full Text of Decision 12715
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
A notice was posted advising employees that work would be available during holiday shutdown and those interested could sign up. Employer's failure to abide by contract not decisive. Employees expected to sign up for the opportunity.
Decision 12587
Full Text of Decision 12587
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
Delayed her return to work one week following misadvice by CEIC that she could collect one more week of adoption benefits. It cannot be said that she was unable to obtain suitable work. She had a job waiting for her and was not prevented from taking it.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
period payable |
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|
| availability for work |
incompatible situations |
leave requested |
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Decision 12405
Full Text of Decision 12405
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
Not up to employer to accommodate insured's requirements; reverse is true. Suitable employment under para. 14(a) is not employment that suits claimant since claimant could impose all sorts of restrictions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
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Decision 12073
Full Text of Decision 12073
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
unable to obtain suitable work |
|
Summary:
This, under 14(a), involves an obligation to be actively and continuously seeking work. A passive readiness to work is not sufficient.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
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Decision 12671
Full Text of Decision 12671
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
undefined days |
|
Summary:
Non-availability admitted for 2 days a week. The argument that the Commission cannot arbitrarily pick 2 days cannot succeed. The onus is on claimant not on the Commission. One cannot benefit by declining to identify the days of unavailability.
Decision 20442A
Full Text of Decision 20442A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
weather conditions |
|
Summary:
The Board said, "she lives 13 miles from town which leaves her at the mercy of weather conditions. She missed her previous appeal date because of wind, there is also snow and rain to consider". Surely weather in Canada, as severe as it can get, is not grounds for disallowing UI.
