Decision 71255

Case Number Claimant Judge Language Decision date
Decision 71255   Goulard G.  English 2008-10-17
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  courses  Availability Criteria 

Summary:

The claimant indicated that she was attending a full-time education program in Childhood Education. The courses were given from 8:20 am to 4:30 pm, from Monday to Friday. She also expected to have to devote another 10 to 15 hours per week on her course. Her intention was to devote her time to her course rather than look for work. She added that she was a student trying to get through her course and not having to worry about working part time to pay her bills and she could not live solely on her student loan. She stated that she was not available to work because of her studies. Subsequently, she indicated that she was available to work on a part-time basis but on weekends only, as school had to come first. It is well established in the jurisprudence that a person whose availability for employment is limited to part-time work outside his or her course schedule has not established availability for employment pursuant to subsection 18(a) of the Act. The Commission’s appeal is allowed.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of facts 

Summary:

The claimant indicated that she was attending a full-time education program in Childhood Education. The courses were given from 8:20 am to 4:30 pm, from Monday to Friday. She also expected to have to devote another 10 to 15 hours per week on her course. Her intention was to devote her time to her course rather than look for work. She added that she was a student trying to get through her course and not having to worry about working part time to pay her bills and she could not live solely on her student loan. She stated that she was not available to work because of her studies. Subsequently, she indicated that she was available to work on a part-time basis but on weekends only, as school had to come first. It is well established in the jurisprudence that a person whose availability for employment is limited to part-time work outside his or her course schedule has not established availability for employment pursuant to subsection 18(a) of the Act. The Commission’s appeal is allowed.


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