CE v Canada Employment Insurance Commission

CE v Canada Employment Insurance Commission

Claimant failed to prove availability because she restricted her availability to part‑time by personal choice, did not make sustained reasonable and customary efforts to find full‑time suitable employment, was offered full‑time work by her employer and had no medical restrictions after February 1, 2022; therefore...

Source-derived case information.

Citation
2023 SST 634
Parties
Appellant: C. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 February 2023
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts to Find Employment, Suitable Employment, Disentitlement
Source Language
english
Employment Insurance Administrative Law Availability for Work Reasonable and Customary Efforts to Find Employment Suitable Employment Disentitlement

Source-derived case record

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Parties

C. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the claimant was available for work
  2. 2 Whether the claimant made reasonable and customary efforts to find suitable employment under section 50(8) and Regulation 9.001
  3. 3 Whether the claimant was capable of and available for work under section 18(1)(a) and the Faucher three-factor test

Ratio Decidendi

Claimant failed to prove availability because she restricted her availability to part‑time by personal choice, did not make sustained reasonable and customary efforts to find full‑time suitable employment, was offered full‑time work by her employer and had no medical restrictions after February 1, 2022; therefore disentitlement under the Act and Regulations is justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is disentitled to Employment Insurance regular benefits effective January 30, 2022, indefinitely