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Decision 70753 Full Text of Decision 70753

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

The claimant registered for a course in information technology and had suspended her job searches until she completes her course which was necessary to find the type of job she wanted and in a field for which she did not have the required qualifications. The Commission determined that she did not prove her availability for work because she restricted her job searches to fields where the employment opportunities were limited. The Board of Referees finds that the claimant, because of her limitations and preferences, restricted her job search to secretarial and accounting jobs. There is a consistent line of authority to the effect that a claimant cannot restrict her job searches, for an extended period, to a field she would prefer but where she does not succeed in getting a job.


Decision 51724 Full Text of Decision 51724

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

Decision 41172 Full Text of Decision 41172

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Clmt, part owner of a Dairy Queen, declared having actively looked work while waiting for the opening of the restaurant. She applied for 2 jobs ithe field of accounting and was willing to work outside of the Dairy Queen if it paid more. Umpire ruled that clmt restricted her job search to such degree that she rendered herself unavailable for work.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions specific employer
availability for work job search number of contacts

Decision 21935 Full Text of Decision 21935

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Refer to: A-1472.92

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
board of referees legislative authority purpose of ui system
refusal of work suitability defined
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision A-1472.92 Full Text of Decision A-1472.92

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

It is a well-established rule, and one imposed by the legislation as well as by the most common understanding of what a sincere desire to work may imply, that a claimant who imposes unreasonable restrictions regarding the type of work sought or the acceptable area fails to prove availability.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions geographical area
refusal of work suitability defined
board of referees legislative authority purpose of ui system
availability for work applicability definition
availability for work restrictions geographical area after moving

Decision 17509 Full Text of Decision 17509

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

It is true that "unduly restrictive" is not defined in the Act but the jurisprudence clearly shows that, while one is entitled to restrict the type of work for some time, she may not do so indefinitely. If she exceeds a reasonable period, her restriction will become an undue one.

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

Decision 14287 Full Text of Decision 14287

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Left hairdressing due to health problems. Available for other work in salon. I am quite satisfied that claimant should have been given a warning that her job search was too restrictive, and she should have been entitled to at least 1 month to find such employment.


Decision 14145 Full Text of Decision 14145

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

No neat definition. Non-availability may be evidenced by unreasonable restrictions on type of work for an unreasonable period. After lengthy period, claimant must be prepared to accept other work. Not unreasonable to regard 32 weeks as adequate time.


Decision 14118 Full Text of Decision 14118

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Claimant retired and said he was available as lineman. Held not available upon making claim. Union member cannot seek work on his own except for non-union contractors. Board's decision not perverse although I do not agree with it.


Decision 14004 Full Text of Decision 14004

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Given the fact that her in-laws and husband ran this grocery store, it is unlikely that she would be hired by other grocery stores in this small community or would want to. Appears to limit herself to that type of work. Question of fact.


Decision 13731 Full Text of Decision 13731

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

After several months of unemployment it was reasonable that the claimant should be expected to broaden his job search considerably (other than as fishing guide) in order to be considered truly available.


Decision 13592 Full Text of Decision 13592

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

The claimant is entitled to a period of time to attempt to find, even if it is very difficult, a job for which she is qualified. Not to be forced to scrub floors or wait on tables. The delay must be limited because in summer teaching jobs are scarce. A 3-week period is proper.


Decision 13595 Full Text of Decision 13595

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

It is entirely natural for a tradesman to state the type of employment he wants to return to unless he is given to understand that this type of work is effectively closed to him.


Decision 13503 Full Text of Decision 13503

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Case turns on facts. Claimant in Montreal for five months. I believe it was wrong to conclude that by seeking employment as pipefitter claimant improperly limited availability.


Decision 13452 Full Text of Decision 13452

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Worked 6 months as babysitter in her home (insurable employment); available to same extent; entitled to reasonable time assessed as 2 months.


Decision 13422 Full Text of Decision 13422

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

He was given more than 4 months in which to find work as a musician. In the view of the Board, and mine as well, that period was sufficient.


Decision 13091 Full Text of Decision 13091

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Ontario teacher moving to Alberba where she was not qualified to teach.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements from a Commission agent

Decision 12577 Full Text of Decision 12577

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Statements made in relation to the kind of work which claimants initially think acceptable must be viewed with caution because they are likely to be statements of claimants' first preferences rather than a final statement.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees weight of statements contradictory

Decision 12176 Full Text of Decision 12176

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Available for farm work but this was the winter season. Well known there is no farm work in that area during the winter months. Factual case in B.C.


Decision 12107 Full Text of Decision 12107

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Seeking employment for which one is not qualified amounts to imposing unreasonably restrictive conditions.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
refusal of work reasonable period of time
availability for work incompatible situations leave requested
umpires grounds of appeal capricious finding req'd

Decision 12041 Full Text of Decision 12041

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Specific but reasonable restrictions may be imposed on the type of employment, but only for a reasonable period of time.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability rationale
availability for work restrictions in several respects
availability for work applicability necessary conditions
availability for work job search reliance on others

Decision 11813 Full Text of Decision 11813

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

The whole tenor of the Act is to provide temporary relief to persons who, through no fault of their own, lose their employment and are actively seeking employment possible to find where readily accessible. Not intended to let persons await a particular type of work.

Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
teaching availability for work summer months
availability for work applicability definition

Decision 10677A Full Text of Decision 10677A

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

Construction labourer who, after 5 months of unemployment, limited his search to this type of work, in view of the high wages associated with it.


Decision 10624 Full Text of Decision 10624

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work restrictions type of work
Summary:

After 7 months of unemployment, limited search to usual occupation, construction foreman, but anywhere. List of job searches not specifying occupation sought. No error of law.

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