Summary of Issue: Necessary Conditions

Decision 65204 Full Text of Decision 65204

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

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.

Decision A-0056.96 Full Text of Decision A-0056.96

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.

Decision A-0057.96 Full Text of Decision A-0057.96

Case identical to that of Michel Faucher (FCA A-0056.96). See summary indexed under this case.

Decision 30987 Full Text of Decision 30987

Refer to FCA A-0056.96

Decision 30988 Full Text of Decision 30988

Refer to FCA A-0056.96

Decision 21896 Full Text of Decision 21896

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

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.

Decision 15760 Full Text of Decision 15760

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.

Decision S-1059.84

The essential condition for entitlement to unemployment benefits is to be capable of and available for work and unable to obtain suitable employment.

Decision 14007 Full Text of Decision 14007

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.

Decision 12999 Full Text of Decision 12999

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

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.

Decision 12041 Full Text of Decision 12041

A claimant must prove availability, capability and inability to obtain suitable employment for every day for which benefits are claimed.

Decision 11009 Full Text of Decision 11009

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.