Summary of Issue: Availability Concept

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 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 15799 Full Text of Decision 15799

Refer to: A-1049.88

Decision A-1049.88 Full Text of Decision A-1049.88

The Board erred in law. Availability 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].

Decision 16915 Full Text of Decision 16915

Disentitled after 4 months: too restrictive. She was not given any warning. When she got a notice of disentitlement, she broadened her availability. She should have been given a 4-week period to remove restrictions. Error in law in not considering absence of warning.

Decision 15389 Full Text of Decision 15389

Left his job for which he was paid $300 a week and then asked for $500. I agree with that principle (that the insured person must be warned when his or her demands are too high in accordance with CUB-12842 and 14708). No time period was given. An error in law. Entitled to 8 weeks.

Decision 14823 Full Text of Decision 14823

Claimant had long been employed on a temporary contract basis. Last contract completed 30-6. Available as teacher or office worker. Chances of employment practically nil. Error of law. Well-settled law that some time must be allowed. Claimant re-employed 2-9.

Decision 14576 Full Text of Decision 14576

Whether one is available and seeking employment is a question of mixed law and fact. The construction of the word "available" is a matter of law; its application to the particular circumstances is a matter of fact. The Board believed that the legal status of availability requires that the job search be conducted in some way other than by telephone. This is incorrect. No such requirement exists. Error in law.

Decision 13736 Full Text of Decision 13736

Umpires in CUBs 3281, 8574 and 8741 have ruled that a claimant is not available when his priority is to return to the former employer. That is sound law, not an error in law. He had no guarantee that he would be rehired.

Decision 12606 Full Text of Decision 12606

Job search list ignored by Board simply because it was incomplete as to dates, persons contacted and addresses. Error in law. No such requirement in legislation. The Board should have made its own decision as to whether claimant's availability was proven.

Decision A-1294.83 Full Text of Decision A-1294.83

Board of referees could not conclude, without erring in law, that the claimant was entitled to benefit solely because she had asked to be reinstated in her employment before the end of the leave and had found a babysitter.

Decision A-0613.81 Full Text of Decision A-0613.81

Whether a person who is able to work only from 4:00 p.m. because she is unable to find a babysitter, should be considered available because she has made reasonable efforts to find a babysitter is at least partly a question of law. [p.12] The Umpire erred in law when he concluded that, notwithstanding claimant's restrictions as to hours, she was available because she had made reasonable efforts to find a babysitter. [p.14]