Decision A0359.12

Case Number Claimant Judge Language Decision date
Decision A0359.12 Elyoumni  Noël  French 2013-06-06
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work  absences from home  out of canada 


The claimant attended his father’s funeral in Morocco from May 23, 2011 to June 3, 2011. The Commission determined that the claimant was not eligible for benefits during this period because he had not taken any measures to make sure he could be reached. The FCA concluded that, in order to benefit from the exception in subsection 55(1) of the EI Regulations, the claimant was required to demonstrate that, at a minimum, he could be reached while outside Canada in the event of a job offer. In this case, the claimant had not taken any measures to make sure that he could be reached. Therefore, the Commission was justified in concluding that the claimant had not established his availability, and the Umpire erred in failing to intervene.

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