Decision 72138
Full Text of Decision 72138
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
job search |
number of contacts |
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| availability for work |
various activities |
setting up a business |
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| week of unemployment |
preparatory activities in commencing business |
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Decision 35691
Full Text of Decision 35691
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
business |
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Decision 27600
Full Text of Decision 27600
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
real estate salespersons |
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Decision 23120
Full Text of Decision 23120
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
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| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
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| week of unemployment |
farming |
self-employed |
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Decision 16051
Full Text of Decision 16051
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
issue not recognized |
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Decision 15308
Full Text of Decision 15308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
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Decision 15073
Full Text of Decision 15073
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
government programs |
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| board of referees |
errors in law |
issue not recognized |
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Decision 14711
Full Text of Decision 14711
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
line of work |
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Decision 13744
Full Text of Decision 13744
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
principal means of livelihood |
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Decision 13653
Full Text of Decision 13653
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
preparatory activities in commencing business |
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| availability for work |
various activities |
setting up a business |
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Decision 12915
Full Text of Decision 12915
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
professional field |
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| week of unemployment |
control of working hours |
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Decision 12904
Full Text of Decision 12904
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
professional field |
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Decision 12539
Full Text of Decision 12539
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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Summary:
Distinction must be made between unemployment and availability.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
minor in extent |
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Decision 10840A
Full Text of Decision 10840A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
church minister |
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| umpires |
grounds of appeal |
not a trial de novo |
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| umpires |
jurisdiction |
evidence new |
witnesses |
Decision 10782
Full Text of Decision 10782
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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| board of referees |
weight of statements |
not signed |
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| board of referees |
weight of statements |
contradictory |
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Decision 10606
Full Text of Decision 10606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
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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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
availability for work |
|
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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 summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| week of unemployment |
work without earnings |
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