Decision 77736

Case Number Claimant Judge Language Decision date
Decision 77736   Marin  English 2011-09-06
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
sickness benefits  otherwise available 

Summary:

The claimant had applied for sick leave, to which he was entitled. Unfortunately, a few weeks into the sick leave, he enrolled for training on his own initiative. The Commission ruled that he was not eligible for EI benefits. The training amounted to a 35-hour week taken on his own initiative. In the Commission's view, he was not entitled to benefits. He did not meet the requirement of section 18, having failed to prove that he was available for work. Under the Act, a claimant on sick leave still has to be available for alternative employment. This is what the Act demands, and it cannot be circumvented here. Sadly, the law does not allow a claimant to receive benefits if he is not available for work, even in the case of sickness. The claimant’s appeal is dismissed by the Umpire.


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