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Decision 72138 Full Text of Decision 72138

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The claimant failed to prove he was unemployed and available for work: availability under S. 18 of the ACT. The BOR also finds as fact that although the claimant states that he did not help in setting up the business, nor help with the cleaning and the painting during business hours Monday to Friday we do not finds this credible. Also, that it is not reasonable to invest such a huge amount of money into a business, and then rely on someone else to oversee the business, while the claimant would continue to look for work. The Board finds as fact that the claimant was spending time and energy setting up his business to be self employed and this was his main intention. The BOR also finds that the claimant conducted a minimal job search. The Umpire confirms the BOR decision and the appeal of the claimant is dismissed.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search number of contacts
availability for work various activities setting up a business
week of unemployment preparatory activities in commencing business

Decision 35691 Full Text of Decision 35691

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Claimant considered not to be unemployed. It does not matter whether he was available for work. The first criterion a claimant must meet in order to be entitled to receive benefits, even before availability for work, is to be unemployed.


Decision 28124 Full Text of Decision 28124

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Held that the Board erred in law, that it confused the concepts of unemployment and availability, that the claimant was not unemployed in regards with his business to which he devoted 40 hours a week at the time when he was employed elsewhere 60 hours per week.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment business

Decision 27600 Full Text of Decision 27600

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Claimant submitted a number of letters showing that, while employed in real estate, she had been actively seeking work and making herself available. While there is no doubt this is the case, it does not affect the Board's decision that she was, in fact, not unemployed even when seeking other work.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment real estate salespersons

Decision 23120 Full Text of Decision 23120

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

His argument that he was ready, willing and able to return to work at any time is irrelevant. If he was occupied in setting up his own business, he was not unemployed and availability would not change that (CUB 14711).


Decision 22613 Full Text of Decision 22613

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The concept of unemployment is not to be confused with that of availability: they are clearly distinct. It matters not how available an individual may be for employment. There can be no entitlement to benefit if one has failed to prove unemployment. Not earning any money is not a determining factor.


Decision 18001 Full Text of Decision 18001

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

School bus driver who files a claim in June. The Board hands down a favorable decision based on the fact that he has demonstrated availability. The Board has clearly confused 2 very distinct concepts, namely the status of unemployment and that of availability.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment farming self-employed

Decision 16051 Full Text of Decision 16051

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Claimant is a 50% partner in a pizza restaurant open 7 days a week from 4:00 p.m. until midnight. He works full-time every evening. Case allowed by Board because claimant available all day for employment. The Board addressed the wrong issue and should have considered reg. 43(2).


Decision 15737 Full Text of Decision 15737

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The Board erred in law by decreeing that the insured had demonstrated availability where it had to decide whether he was unemployed in relation to the activities linked to the business he operated.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees errors in law issue not recognized

Decision 15308 Full Text of Decision 15308

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The evidence points to a substantial commitment of clt in time, money and interest to establishment and operation of business. Added to this is the fact that, while he says he was available, no evidence of any job search. Because of above, empl. not of a minor nature.


Decision 15303 Full Text of Decision 15303

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The Board did not address the proper issues [when it held that clt was not available for work]. The issue was not availability but whether clt, being engaged in business, was unemployed or whether empl. was minor in extent.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment minor in extent

Decision 15073 Full Text of Decision 15073

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The Board ruled that the insured person was available. An error in law. Before being eligible, an individual must be unemployed. There is a clear distinction between eligibility and availability as stated in CUB-14399.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment government programs
board of referees errors in law issue not recognized

Decision 14711 Full Text of Decision 14711

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Claimant argues that he was available and searching for work and misled by the Commission. Neither of those, even if fully substantiated, would show that the Board erred. Availability is irrelevant. If he was busy in setting up a business, he was not unemployed. Availability would not change that.


Decision 14013 Full Text of Decision 14013

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Some confusion here between 2 requirements. The issue was not genuine attempts to find work. This is irrelevant to whether she was engaged in a business that was major enough to constitute employment.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment line of work

Decision 13744 Full Text of Decision 13744

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Jurisprudence states that clts whose employment is normally followed as a principal means of livelihood cannot become eligible merely by adducing evidence that they are available for other work.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment principal means of livelihood

Decision 13653 Full Text of Decision 13653

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The clt must prove two things to be entitled to benefits. He or she must prove unemployment and that they are available. Even if I accept he was available, he still has not proven he was unemployed.


Decision 11807A Full Text of Decision 11807A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Held that insured did not operate business from April 22 to May 16 and was therefore unemployed; however, declared him unavailable even though this period not subject of similar decision by CEIC.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment preparatory activities in commencing business
availability for work various activities setting up a business

Decision 12915 Full Text of Decision 12915

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Availability and unemployment not to be confused. 2 quite separate concepts. Not sufficient to prove that one is unemployed; otherwise would simply stay unemployed. Must also prove that one is available, by proving one is actively searching for employment. Availability may reflect intention in relation to self-employment. If no or little effort made to find work, may be concluded that primary idea is to devote one's self to the business and not to search for another employment. [p. 6]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment professional field
week of unemployment control of working hours

Decision 12904 Full Text of Decision 12904

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

While these 2 concepts must not be confused, nonetheless one of the criteria for deciding whether a person's employment in the business is so minor in extent is whether person has conducted serious job searches.


Decision 12795 Full Text of Decision 12795

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Must not confuse availability and unemployment, although availability may suggest intention of person concerning employment as self-employed worker. This is only one of factors. [p. 5]

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment professional field

Decision 12539 Full Text of Decision 12539

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Board considered only availabilitiy. Availability and unemployment are 2 separate questions. First condition for entitlement to benefit is being unemployed; availability has nothing to do with it.


Decision 12012 Full Text of Decision 12012

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Distinction must be made between unemployment and availability.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment minor in extent

Decision 10840A Full Text of Decision 10840A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Board confused 2 different concepts: unemployment and availability. Should first have ruled as to unemployment under s. 21 and Reg. 43.


Decision 10889 Full Text of Decision 10889

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Claimant states he was available, but the issue here is not one of availability but of unemployment. The state of being employed does not exclude intention to find other work. A person may seek a 2nd and 3rd source of employment and yet not be unemployed.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment church minister
umpires grounds of appeal not a trial de novo
umpires jurisdiction evidence new witnesses

Decision 10782 Full Text of Decision 10782

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Availability nor supported by facts. Board concluded was available simply because insured had spent only limited number of hours on business. Availability cannot be reduced to simply assertion. Made only three searches. Not active search.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
board of referees weight of statements not signed
board of referees weight of statements contradictory

Decision 10606 Full Text of Decision 10606

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

As stated in CUB-6545, these two separate concepts must not be confused: unemployment and availability. To be entitled to benefit, must first meet first condition: being unemployed.


Decision 10403 Full Text of Decision 10403

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

The Commission argues that the Board erred in law because it addressed its mind to availability and job search rather than self-employment. A person can be both employed (or self-employed) and still actively seeking other employment. The Commission's argument is clearly correct.


Decision 10158 Full Text of Decision 10158

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment availability for work
Summary:

Being unemployed is first condition for entitlement to benefit. Claimant must also prove he is capable of and available for work; this is essence of second condition.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment work without earnings
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