Decision A0334.12

Case Number Claimant Judge Language Decision date
Decision A0334.12 Paquet  Trudel, J.A.  French 2013-02-20
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  to take care the childrens 


On October 18, 2011, the claimant voluntarily left her employment in order to care of her young child. The claimant admitted that she would not be available for work after October 18, 2011, and for a period of at least six months. Her EI application was denied on the basis that she did not meet the requirement that she be available for work under paragraph 18(a) of the EI Act. The FCA reiterated that a claimant who demonstrates that she had just cause for voluntarily leaving her employment pursuant to paragraph 29(c) of the EI Act can receive regular EI benefits if she proves that she was available to work all working days during the benefit period pursuant to section 18 of the EI Act. The Court concluded that the Umpire could not refuse to apply the requirement of availability on the basis that the claimant had just cause for leaving her employment.

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