Summary of Issue: Pattern Study-Work Simultaneously

Decision A0350.07 Full Text of Decision A0350.07

There is a presumption that a full time student is not available for work. The presumption can be rebutted by evidence of a record of working while studying or by establishing availibility outside class hours. In a written submission to the umpire, the claimant informed the Umpire of her employment in three part-time jobs while attending school. The Umpire ruled that the issue of availability is a question of fact and that the BOR made no reviewable error. The FCA is not persuaded that the Umpire made any error that warrants its intervention.

Decision 42165 Full Text of Decision 42165

Although the claimant showed that he had a history of working and going to school, he was not granted any reasonable period of time, and he was refused benefits. According to the Umpire, BOR erred in law in not taking this situation into account by granting a reasonable period of three months, given his undisputed history of working and going to school and the claimant's availability to work part-time while attending school 15 to 18 hours a week.

Decision 36242 Full Text of Decision 36242

Pattern of working while attending school established. BOR is wrong in saying that claimant could look for p/t job without a termination date, that is to say indefinitely. Jurisprudence shows clearly that a period of 8 weeks is the norm. Here the Commission had granted 18 weeks. The BOR erred in not finding that the 18 weeks already granted for search time was reasonable.

Decision 36023 Full Text of Decision 36023

The general rule is that if a student's hours affect his availability for full-time job he is disentitled to benefits unless, by exception, he can establish that on previous occasions he has been able to undertake full-time employment and at the same time pursue his courses. [ Comprehensive review of the factors leading to non-availability while on course]

Decision A-0442.96 Full Text of Decision A-0442.96

According to the Umpire, the Board of Referees erred in law since it did not properly consider the evidence of the claimant’s employment in previous years. He found that the claimant had certainly demonstrated that she had a history of work and school leading to the conclusion that she could fulfil the conditions set out in s. 14(a) of the Act. FCA upheld the Umpire’s decision since he had the authority to intervene and decide on all the issues of law and fact.

Decision 33048 Full Text of Decision 33048

The beneficiary is unemployed, and takes courses during the day. Because of his work and study history, he received benefits between September and December. A new course began in January 1992, and was scheduled to finish in April 1992. The course was ruled ineligible: a reasonable period for study had been granted, and there was no evidence the beneficiary had seriously been looking for work.

Decision 22921A Full Text of Decision 22921A

Claimant is pursuing full-time studies. Twenty-two-week delay granted to the claimant because of his background of employment and studies. The delay is deemed more than reasonable. Moreover, there is no evidence that the claimant has undertaken the steps necessary to find part-time work.

Decision A-0672.93 Full Text of Decision A-0672.93

On call with CN and on UI for 17 weeks when she started a full-time course. Pattern established. No effort to find work elsewhere. Intermittently employed. No obligation on her to jeopardize this existing employment in the hope of finding other employment, said the Umpire. No legal error.

Decision 23283 Full Text of Decision 23283

Refer to: A-0672.93

Decision 22058A Full Text of Decision 22058A

Student with 5-year pattern disentitled after 8 weeks. The jurisprudence shows clearly that a period of 8 weeks is the norm. See CUB_14357. Claimant was disentitled as she was unavailable pursuant to the 8-week jurisprudence (deemed to be the reasonablenorm). Error in law by the Board. Disentitled after 8 weeks. It is true that claimant has established a part-time employment syndrome (5 years), but it never was the purpose of the Act to crystallize part-time employment and to enable graduate students to become almost perennial students and have their education paid by taxpayers.

Decision 22834 Full Text of Decision 22834

He must not only be given a reasonable amount of time to find work before being disentitled (pattern of work while studying), but also a reasonable notice that if he does not expand his hours of availability, his benefit will terminate. Retroactivity cancelled plus 4 weeks allowed.

Decision 19058 Full Text of Decision 19058

Student with history of work. True that his claim had been maintained for an extended period (40 weeks). That does not mean that when it is finally concluded that restrictions are no longer reasonable the Commission may dispense with notice before UI isterminated. Error in law.

Decision 19061 Full Text of Decision 19061

With no prior record of combining studies and insurable employment, he did not qualify within the exceptional class of persons who may be considered available. Working with a real estate agency, for which he received no salary or commission, did not constitute insurable work.

Decision 12697 Full Text of Decision 12697

Attending classes while employed part-time. Left when employment became full-time. Claimant to be given a reasonable period of time in which to secure alternative part-time employment.

Decision 12314 Full Text of Decision 12314

Work pattern on graveyard shift and reasonable period allowed on UI. A point may be reached where the student is expected either to give up his benefits or give up his studies and seek employment in normal hours.

Decision 12191 Full Text of Decision 12191

Number of hours of courses in comparison to the time when employed: Was the claimant really in a full-time course, or in a course similar to the one when he gained 40 weeks of qualifying benefits? A question of fact to be determined by the Board.

Decision 12044 Full Text of Decision 12044

Even if claimant can be said to have established a work pattern outside class hours, it is evident that she was not seeking such employment. UI is not intended to subsidize continuing education for which aid must be sought from other programs.

Decision 11945 Full Text of Decision 11945

The fact that he was able to find work in Waterloo while attending another university does not demonstrate necessarily that he was not limiting his availability for work in Toronto while enrolled at York university.

Decision 10955 Full Text of Decision 10955

For the past 2 years claimant worked full-time at night and attended a full-time course during the day. The Board made an error in law. We have here the type of case that proves the exception to the general rule that attendance at courses precludes availability.