Decision 46168
Full Text of Decision 46168
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Claimant is enrolled in a full-time training course and has no history of taking courses while continuing to work part-time. The jurisprudence shows that availability for part-time work while attending full-time school is not sufficient to meet the requirements of the legislation. Without an history of part-time work while attending school on a full-time basis, the claimant is required to be available for full-time work.
Decision 37281
Full Text of Decision 37281
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
No pattern of part-time work and classes. Wanted part-time work only. Complicated class schedule. Does not lend itself to a finding of availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 25956
Full Text of Decision 25956
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The one exception to this rule (presumption of non-availability) is when a claimant has established a pattern of working part-time while attending courses on a full-time basis and then loses his/her part-time employment. In that case, the claimant is given a reasonable period of time to find similar work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
| availability for work |
courses |
pattern study-work afterwards |
|
Decision 24573
Full Text of Decision 24573
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
History of part-time work while working full-time. This may have been considered a factor by the Board. In any case, it is clear that the claimant is not available for full-time employment and should not be eligible for benefits based on his prior full-time wages.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
extent of availability required |
|
Decision 23547
Full Text of Decision 23547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Unique case. It should be kept in mind that a history of combining work and study is not of paramount importance given the stated intention, as found by the Board, that claimant would abandon or postpone completion of the course if employment was found. A finding of fact fully supported by evidence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
factors to consider |
|
Decision 22642
Full Text of Decision 22642
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The fact of having attended night courses while working during regular hours does not constitute a pattern of work/study from the moment that a person attends courses during regular working hours. (Conclusion coming from the reading)
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 22495
Full Text of Decision 22495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Took a part-time nightshift job with the RCMP at some time while employed as pastor. He was not a student at the time and the history of the event is far from recent. A lot of persons take on extra work to earn extra income. This could not qualify as a recent history of part-time student employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
| availability for work |
courses |
pattern study-work long ago |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| availability for work |
courses |
purpose of the legislation |
|
Decision 22191
Full Text of Decision 22191
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The file states that the claimant was taking a night course while working at the Caisse populaire. I don't consider this a background in employment and studies as required. This is a full-time job and a part-time evening course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
| availability for work |
courses |
time required for studies |
|
Decision 19462
Full Text of Decision 19462
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Refer to: A-0442.91
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Decision A-0442.91
Full Text of Decision A-0442.91
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
I find unacceptable the CEIC's position to the effect that the circumstances or facts (enabling the rebuttal of the presumption of non-availability) be limited to a pattern of simultaneous work and study, said the Umpire. Upheld by the FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
onus of proof |
|
Decision 20838
Full Text of Decision 20838
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Did not work while being a student but had held down 2 jobs, one being regular and working long hours in the evening. It would appear therefore reasonable and fair to extend the jurisprudence to this case which must surely be exceptional.
Decision 20291
Full Text of Decision 20291
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The one exception to this last rule is where a claimant has established a pattern of working part-time while attending courses of study full-time and then loses that part-time employment. In that case, one is to be given a reasonable period of time to find similar employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work long ago |
|
| availability for work |
courses |
pattern study-work for brief period |
|
Decision 17643
Full Text of Decision 17643
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
In principle, a full-time student is not deemed available. This basic principle suffers 2 exceptions: the first concerning those sent on a course by CEIC, the second those who can demonstrate history combining both courses and work. Board's mistake.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 17308
Full Text of Decision 17308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
There are exceptions to the general presumption of non-availability. That may be shown by previous experience in both studying and working or it may be shown, as here, by work on a part-time basis in hours complementary to and not conflicting with scheduled studies.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work not at same time |
|
| board of referees |
issue not recognized |
error by board |
|
Decision A-0787.88
Full Text of Decision A-0787.88
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Full-time attendance at a course generally renders a claimant not available. To prove otherwise, claimant must show that he or she has established a regular pattern of work while attending courses. UI is not meant to subsidize courses. Upheld by FC without comment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 15439
Full Text of Decision 15439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Refer to: A-0787.88
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
purpose of the legislation |
|
Decision 14770
Full Text of Decision 14770
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Caselaw has clearly established that in principle, a full-time student is not available. A few exceptions; the main one being that the student who has an employment arrangement combining habitual employment with studies, generally daytime employment and evening courses.
Decision 14550
Full Text of Decision 14550
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
The jurisprudence is well established that a full-time student is deemed unavailable, the 2 exceptions being referral by the Commission and previous pattern of pursuing employment while attending a full-time course.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
jurisdiction |
binding judgments |
|
| availability for work |
courses |
weight of statements |
|
| umpires |
jurisdiction |
binding judgments |
|
| board of referees |
errors in law |
not applying jurisprudence |
|
| board of referees |
errors in law |
attending classes |
|
Decision 14434
Full Text of Decision 14434
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Umpires have held that full-time students attending non-referral courses may, in rare circumstances, overcome the presumption that they are not available by showing a previous pattern of employment outside class hours.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
|
Decision 14391
Full Text of Decision 14391
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Case law clearly indicates presumption of non-availability in case of a student, which presumption person can only rebut where can prove history of working around hours or days of courses.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
presumption |
|
Decision 13789
Full Text of Decision 13789
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
As a starting point, claimant required to establish work patterns while going to school; his intention to continue it is realistic; also a substantial job search. If all this present, then reasonable time allowed.
Decision 13756
Full Text of Decision 13756
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
I am asked to base my decision not on previous history of employment/studies but on desire or intention expressed by insured to combine these two activities. I cannot approve that request.
Decision 12902
Full Text of Decision 12902
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Basic precept established in case law is that student is presumed not to be available. However, an exception to this principle is recognized: when the student has a history of employment at irregular hours.
Decision 12284
Full Text of Decision 12284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
To rebut presumption of non-availabilitiy because he was full-time student, claimant must demonstrate history of part-time or full-time employment even though pursuing studies full-time.
Decision 11487
Full Text of Decision 11487
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
It is well established that ordinarily the demands of academic studies are such as to render it impossible for a claimant to do justice to both a course of instruction and full-time employment. Pattern of both may warrant eligibility.
Decision 11353
Full Text of Decision 11353
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
Some exceptions to the requirement that availability is for full-time employment where a claimant has established a past pattern of part-time employment (insurance premiums will have been paid on the basis of that part-time employment). In such cases, limited time to be allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| reconsideration of claim |
errors by Commission |
not binding for future |
|
| availability for work |
courses |
interruption |
short period of time |
Decision 11111
Full Text of Decision 11111
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
It is well established that ordinarily the demands of academic studies are such as to render it impossible for a claimant to do justice to both the course and full-time employment. There have been exceptions where claimants have established a pattern ofdoing both.
Decision 10970
Full Text of Decision 10970
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Summary:
A claimant is not available for full-time employment during normal working hours while attending a course. There are 2 exceptions: (1) pattern of regular employment outside normal hours in which case a reasonable period is allowed; (2) student with pattern of part-time.
