C. M. v. Canada Employment Insurance Commission

C. M. v. Canada Employment Insurance Commission

The member accepted the claimant's credible testimony and corroborating documentary proof (union negotiations, job bank registration, networking, cold calls, job interview and subsequent part‑time hire) and found these efforts were sustained, directed at suitable employment, and not unduly limited by personal...

Source-derived case information.

Citation
2019 SST 1059
Parties
Claimant/appellant: C. M.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
13 September 2019
Procedural Posture
Employment Insurance Regular Benefits Disentitlement Appeal / General Division Decision (appeal)
Outcome
Appeal allowed; claimant not disentitled from Employment Insurance benefits
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Suitable Employment, Disentitlement From EI Benefits, Job Search Requirements
Source Language
english
Employment Law Social Security Administrative Law Availability for Work Reasonable and Customary Efforts Suitable Employment Disentitlement From EI Benefits Job Search Requirements

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Parties

C. M.

Claimant/appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Regular Benefits Disentitlement Appeal / General Division Decision (appeal)

Legal Issues

  1. 1 Whether the claimant made reasonable and customary efforts to find suitable employment
  2. 2 Whether the claimant was capable of and available for work and unable to find suitable employment as of December 3, 2018
  3. 3 Whether any personal conditions unduly limited the claimant's chances of returning to the labour market

Ratio Decidendi

The member accepted the claimant's credible testimony and corroborating documentary proof (union negotiations, job bank registration, networking, cold calls, job interview and subsequent part‑time hire) and found these efforts were sustained, directed at suitable employment, and not unduly limited by personal conditions; therefore the claimant met both the reasonable and customary efforts test and the capable/available/unable to find suitable employment test, and is not disentitled as of December 3, 2018.

Court Disposition

Appeal allowed; claimant not disentitled from Employment Insurance benefits

Orders

  • Appeal allowed.
  • Claimant not disentitled from receiving Employment Insurance benefits as of December 3, 2018.