ZW v Canada Employment Insurance Commission

ZW v Canada Employment Insurance Commission

Because the claimant was not a full-time student, provided credible and corroborated evidence of sustained job-search activity (over 12 applications, networking, workshop), reduced course load and limited weekly course hours, the Tribunal found his efforts met the reasonable and customary standard and satisfied the three Faucher factors; therefore he was available for work and not disentitled from EI benefits starting November 14, 2021.

Citation
2022 SST 165
Parties
Appellant / Claimant: Z. W.; Respondent / Minister: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 February 2022
Procedural Posture
Employment Insurance / General Division Decision (appeal Hearing)
Outcome
Appeal allowed
Legal Topics
Availability for Work, While in School/training, Disentitlement, Job Search Requirements
Source Language
English
Employment Insurance Social Security Law Availability for Work While in School/training Disentitlement Job Search Requirements

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Parties

Z. W.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Minister

Procedural Posture

Employment Insurance / General Division Decision (appeal Hearing)

Legal Issues

  1. 1 Whether claimant was available for work while attending online courses
  2. 2 Whether claimant made reasonable and customary efforts to find suitable work under s.50(8) of the EI Act and s.9.001 of the Regulations
  3. 3 Whether claimant met the three-factor Faucher test for being capable of and available for work under s.18(1)(a) of the EI Act

Ratio Decidendi

Because the claimant was not a full-time student, provided credible and corroborated evidence of sustained job-search activity (over 12 applications, networking, workshop), reduced course load and limited weekly course hours, the Tribunal found his efforts met the reasonable and customary standard and satisfied the three Faucher factors; therefore he was available for work and not disentitled from EI benefits starting November 14, 2021.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; claimant is not disentitled from receiving Employment Insurance benefits starting November 14, 2021.