Summary Search Results...


Decision 75112 Full Text of Decision 75112

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

The claimant had established a claim for sickness benefits and received the full 15 weeks allowable. Then she was only able to work part time and was restricted for a period of some three months. The Board of Referees determined that she should be entitled to a reasonable time to return to normal working hours. Under the Act a person must show they are capable and available for work and unable to find suitable employment. In this case, the claimant was working to the full extent of what she could do during this three month period. There was no evidence that she was looking for other work and unable to find suitable employment. The appeal by the Commission is allowed by the Umpire.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability proof

Decision 51724 Full Text of Decision 51724

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Claimant allowed a period of eleven (11) weeks to find employment restricted to his field of work and refused, after that period, to broaden his search to other areas of employment. While the EI Act does not define a reasonable lapse of time, this notion depends on the nature, purpose and circumstances of each case. What is reasonable becomes a judgment call after the purpose of the legislation and the circumstances of the case have been taken into account. Claimant failed to demonstrate that he made reasonable efforts to find work in a broader area than that of academic research as he ought to have done to prove availability.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search as a requirement
availability for work restrictions type of work

Decision A-0134.95 Full Text of Decision A-0134.95

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

The previous hearing referred to by the umpire is a warning that the Commission can, and in somes cases must, give a claimant that he must extend his job search if he wants to continue to satisfy the requirements of the legislation. Not a notice of the consequences of his unavailability once received.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement

Decision 26880 Full Text of Decision 26880

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Refer to: A-0134.95

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work job search warning before disentitlement

Decision 22921A Full Text of Decision 22921A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Claimant is pursuing full-time studies. Twenty-two-week delay granted to the claimant because of his background of employment and studies. The delay is deemed more than reasonable. Moreover, there is no evidence that the claimant has undertaken the steps necessary to find part-time work.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses pattern study-work simultaneously

Decision 22058A Full Text of Decision 22058A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Student with 5 years part-time work disentitled after 8 weeks. The jurisprudence shows clearly that a period of 8 weeks is the norm. See CUB_14357. Claimant was disentitled as she was unavailable pursuant to the 8-week jurisprudence (deemed to be the reasonable norm). Error in law by the Board.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses pattern study-work simultaneously

Decision 21397 Full Text of Decision 21397

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Resigned. Moved from Edmonton to Innisfree (pop.: 300). Numerous cases have confirmed that in this situation one is entitled to benefits only for a reasonable period. The period of 17 weeks was reasonable and compares favourably to what has been allowedin other similar cases.


Decision 21396 Full Text of Decision 21396

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Resigned. Moved from Whitehorse (pop.: 20,000) to Champagne, Yukon (pop.: 100). Here claimant received 35 weeks. That is a much longer period than has been held to be reasonable in many cases. A period of 12 to 16 weeks has more typically been considered reasonable.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees constitution of board member ineligible

Decision 21006 Full Text of Decision 21006

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Stated he was not looking for work since departure. There is no reason to grant a delay not having proved availability each day. Delay is certainly granted to someone actively looking for job, but not if not looking.


Decision 18677 Full Text of Decision 18677

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Claimant left her job in Fort Nelson, B.C., to be with husband in Wonowon where job opportunities are extremely limited. 15 weeks' UI paid. She is only entitled to reasonable time, said the Board. The Board's decision is well founded in fact and in law.


Decision 18138 Full Text of Decision 18138

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

I do not disagree in principle that there can be situations where the employment possibilities are patently non-existent and a claimant cannot claim UI for any period because he has by his move made himself unavailable. However it has not been shown that this is the case here.


Decision 17566 Full Text of Decision 17566

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Claimant had been out of work since 31-7. He had received nothing in the way of assistance from the Commission from 31-7 to 1-11, so it could be argued that the time for limiting the type of employment and for being warned should run from that latter date.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work various activities church minister

Decision 17024 Full Text of Decision 17024

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

This is so no matter how good the motives for moving: the law in no way impairs the unification of families but one cannot receive UI for as long as one had remained more available by staying where more jobs were. 29 weeks is much in excess of reasonable time.


Decision 17007 Full Text of Decision 17007

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

The minority member noted that claimant is entitled to sufficient time to find work comparable to previous job. This might have been applicable if he had clearly indicated a desire to work for then he would have been entitled to a certain time and warning before disentitlement.


Decision 15869 Full Text of Decision 15869

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Claimant has had a very generous number of weeks to find work in teaching. She received 29 weeks when the norm is 12 to 15 weeks but she was not given a warning she had to broaden her job search. Period of time extended by an additional 5 weeks.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions or preferences
availability for work job search warning before disentitlement

Decision 15494 Full Text of Decision 15494

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Availability must be tested in relation to employment opportunities for claimant, not those of spouse. While it is perfectly reasonable for one to move with spouse, this does not carry with it the right to UI for the full benefit period. 3 months is a reasonable period here.


Decision 12481A Full Text of Decision 12481A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Part-time worker in Whitehorse. Upon layoff she moved to Swift River to be with her fiancé. She was not given a reasonable period of time to look for work in new area. I have determined that she is entitled to 4 weeks and to be disentitled thereafter. [p. 4]


Decision 12355A Full Text of Decision 12355A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Moved to Tumbler Ridge, B.C. 15 weeks' unemployment. The Board correctly applied the jurisprudence which has added a gloss to statute. 2 standards of availability: one for long-term residents of area, another for new residents. Such a long line of CUBs that I should not depart.


Decision 14761 Full Text of Decision 14761

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Moved from Hamilton, Ont. to Tumbler Ridge, B.C. Attempted to obtain work from 8 employers. There are in fact 8 employers of general office clerks. 3 months on benefit up to 3-8. The fact that she was able to find work at the end of September does not affect the Board's decision.


Decision 14587 Full Text of Decision 14587

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

It is now well established that a reasonable delay must be granted to find suitable employment. In this case, at least 3 months should have been granted. The employment offered was not suitable: different type of work and enormous drop in pay.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work different occupation and lower wages
refusal of work moving

Decision 14515 Full Text of Decision 14515

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Stops working in 10-84 and takes courses; files a claim in 3-85. Employment experience while taking courses. It seems to me that the reasonable delay starts only once the claim is filed.


Decision 13762 Full Text of Decision 13762

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Where one voluntarily moves from a centre with a large employment base to one with a significantly smaller employment base, that individual will be given a reasonable period. 15 weeks given here. The law was correctly applied. Moved from Regina to Kelvington.


Decision 12478 Full Text of Decision 12478

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Most claimants when they move for reasonable cause are given a period of some weeks. No hard and fast rule though most cases fall between 12 to 16 weeks. I have seen cases where 5 months and even 6 have been given. Here no time at all was given.


Decision 11811 Full Text of Decision 11811

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Left her job as a medical lab assistant in Edmonton to follow husband to Seba Beach, a small centre 70 miles away with a population of 139 persons. Benefits allowed for 3 months. Available within 5 miles.


Decision 11787 Full Text of Decision 11787

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

He was allowed 22 weeks before being requested to broaden the area in which he was required to look for work once he had exhausted possibilities in area in which he selected to reside. In similar cases it has been found that 2 months is a reasonable period of time.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area

Decision 11546 Full Text of Decision 11546

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Left Portage La Prairie, Man., to move to La Ronge after investigating employment opportunities. Available in several fields but unsuccessful due to government temporary freeze. 3-month period not long enough and extended by 2 months.


Decision 11075 Full Text of Decision 11075

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

The jurisprudence and s.27 allow a claimant a reasonable period of time to limit his job search to the vicinity where he lives and to usual occupation. A limitation for a period of 6 weeks was not unreasonable.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment health reasons
availability for work courses disentitlement not automatic

Decision 10983 Full Text of Decision 10983

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

The Commission argues that case law suggests 3 months and is adequate. I agree that, depending on circumstances, it may be adequate. What had been established in CUB 3832 and in DODSWORTH is a mere guideline and not a rule of law. Each situation to be viewed in its own context.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work courses pattern study-work not at same time

Decision 10773 Full Text of Decision 10773

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Reasonable time must first be established by CEIC; an administrative decision taking into account circumstances in issue, made judiciously, according to principles of impartiality. Only where these factors absent is discretionary act reviewable. Administrative act of this sort [establishing time] is presumed to comply with limitations imposed by case law. Presumption of lawfulness of act is particularly strong where proof of availability under 14(a) rests exclusively on insured.


Decision A-0878.82 Full Text of Decision A-0878.82

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions reasonable period of time
Summary:

Left employment in Brantford, Ont. to move with husband to an Indian Reserve. No real employment opportunity. Loss of employment and difficulty in finding new employment for reasons entirely beyond control. Unable to say Umpire erred in fixing 2 months as reasonable time.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area after moving
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