CB v Canada Employment Insurance Commission

CB v Canada Employment Insurance Commission

On the balance of probabilities the Tribunal found the appellant rebutted the presumption of non-availability while in full-time training by demonstrating sustained, reasonable job-search efforts from August 16, 2021, willingness to work irregular and additional hours including requesting a schedule change, a history of combining work and study, and exceptional circumstances (COVID); therefore she was available for work under s.50(8) of the Act and regs 9.001/9.002 and entitled to EI benefits from August 16, 2021.

Citation
2022 SST 482
Parties
Appellant: C. B.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 April 2022
Procedural Posture
Employment Insurance Regular Benefits / General Division Decision (appeal Hearing)
Outcome
Appeal allowed
Legal Topics
Availability for Work, Training While Receiving Benefits, Job Search Requirements, Rebuttal of Presumption of Non Availability, Benefit Entitlement
Source Language
English
Employment Insurance Social Security Administrative Law Availability for Work Training While Receiving Benefits Job Search Requirements Rebuttal of Presumption of Non Availability Benefit Entitlement

Case Brief

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Parties

C. B.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Regular Benefits / General Division Decision (appeal Hearing)

Legal Issues

  1. 1 Was the appellant available for work from August 16, 2021?
  2. 2 Did the appellant rebut the presumption of non-availability while undertaking full-time training?
  3. 3 Were the appellant's job-search efforts reasonable and customary?

Ratio Decidendi

On the balance of probabilities the Tribunal found the appellant rebutted the presumption of non-availability while in full-time training by demonstrating sustained, reasonable job-search efforts from August 16, 2021, willingness to work irregular and additional hours including requesting a schedule change, a history of combining work and study, and exceptional circumstances (COVID); therefore she was available for work under s.50(8) of the Act and regs 9.001/9.002 and entitled to EI benefits from August 16, 2021.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; appellant found available for work from August 16, 2021 and entitled to Employment Insurance regular benefits from that date.