AS v Canada Employment Insurance Commission

AS v Canada Employment Insurance Commission

The Tribunal found on the evidence that the claimant made sustained, reasonable and customary efforts to find work and satisfied the three-factor availability test; the work permit requirement was not a personal restriction under the claimant's control and therefore did not disentitle him from benefits.

Citation
2021 SST 259
Parties
Appellant / Claimant: A. S.; Respondent / Commission: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 February 2021
Procedural Posture
Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision (appeal Allowed)
Outcome
Appeal allowed
Legal Topics
Availability for Work, Reasonable and Customary Efforts to Find Employment, Work Permit / LMIA Constraints, Disentitlement From Benefits
Source Language
English
Employment Insurance Social Security Administrative Law Availability for Work Reasonable and Customary Efforts to Find Employment Work Permit / LMIA Constraints Disentitlement From Benefits

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Parties

A. S.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent / Commission

Procedural Posture

Employment Insurance Appeal to Social Security Tribunal General Division / General Division Decision (appeal Allowed)

Legal Issues

  1. 1 Is the claimant available for work under the Employment Insurance Act?
  2. 2 Did the claimant make reasonable and customary efforts to find suitable employment?
  3. 3 Does the claimant satisfy the three-factor test for being capable of and available for work?

Ratio Decidendi

The Tribunal found on the evidence that the claimant made sustained, reasonable and customary efforts to find work and satisfied the three-factor availability test; the work permit requirement was not a personal restriction under the claimant's control and therefore did not disentitle him from benefits.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant is not disentitled from receiving Employment Insurance benefits