GI v Canada Employment Insurance Commission

GI v Canada Employment Insurance Commission

The General Division correctly applied governing law: attending full-time studies does not constitute just cause for leaving employment and the claimant, being a full-time student limited to evenings and weekends, failed to demonstrate availability for work for the relevant days; therefore there is no arguable...

Source-derived case information.

Citation
2022 SST 2
Parties
Applicant/claimant: G. I.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
5 January 2022
Procedural Posture
Employment Insurance Appeal / Leave to Appeal to Appeal Division
Outcome
Leave to appeal refused
Legal Topics
Availability for Work, Just Cause for Leaving Employment, Leave to Appeal Arguable Case, Reconsideration
Source Language
english
Employment Insurance Administrative Law Social Security Tribunal Appeals Availability for Work Just Cause for Leaving Employment Leave to Appeal Arguable Case Reconsideration

Source-derived case record

Summary, issues, holding and outcome

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Parties

G. I.

Applicant/claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / Leave to Appeal to Appeal Division

Legal Issues

  1. 1 Whether leaving employment to attend school constitutes just cause
  2. 2 Whether claimant was available for work while attending full-time studies
  3. 3 Whether the General Division failed to consider relevant evidence

Ratio Decidendi

The General Division correctly applied governing law: attending full-time studies does not constitute just cause for leaving employment and the claimant, being a full-time student limited to evenings and weekends, failed to demonstrate availability for work for the relevant days; therefore there is no arguable reviewable error and leave to appeal must be refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused.