Decision A-0031.00

Case Number Claimant Judge Language Decision date
Decision A-0031.00 Bois Lina  Federal  French 2001-05-30
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  46919 

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  courses of study 


The Umpire could not ignore the consistent FCA case law to the effect that claimants who voluntarily leave their employment to go back to school do not have "just cause" within the meaning of sections 29 and 30 of the EIA. Claimants cannot make the Employment Insurance Fund support the economic weight of their decisions. References made to FCA decisions in West (A-0349.95), Stevens (A-0599.95), Furey (A-0819.95) and Barnett (A-0037.96), among others.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  applicability  necessary conditions 


Referring to the decision in Faucher (A-0056.96), the FCA restated the three criteria for proving availability: (1) desire to return to the labour market as soon as an offer of suitable employment is received, (2) demonstration of desire through efforts to find this suitable employment and (3) no personal conditions that may unduly limit the chances of returning to the labour market.

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