KT v Canada Employment Insurance Commission

KT v Canada Employment Insurance Commission

Although the claimant successfully rebutted the presumption of non-availability by showing a history of working part time while studying, she failed the availability test because she imposed personal conditions (limited to after-school hours and a restricted geographic area and refusal to use public transit) that,...

Source-derived case information.

Citation
2022 SST 581
Parties
Appellant / Claimant: K. T.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
21 February 2022
Procedural Posture
Employment Insurance / General Division Decision on Appeal From Commission Reconsideration
Outcome
Appeal dismissed; claimant disentitled from EI regular benefits for October 5, 2020 to June 30, 2021.
Legal Topics
Availability for Work, Full Time Students, Disentitlement, Overpayment, COVID 19 Temporary Measures
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Full Time Students Disentitlement Overpayment COVID 19 Temporary Measures

Source-derived case record

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Parties

K. T.

Appellant / Claimant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision on Appeal From Commission Reconsideration

Legal Issues

  1. 1 Whether the claimant was available for work while studying full-time
  2. 2 Whether the claimant rebutted the presumption of non-availability for full-time students
  3. 3 Whether the claimant set personal conditions that unduly limited her chances of finding work

Ratio Decidendi

Although the claimant successfully rebutted the presumption of non-availability by showing a history of working part time while studying, she failed the availability test because she imposed personal conditions (limited to after-school hours and a restricted geographic area and refusal to use public transit) that, given a constrained COVID-19 labour market, unduly limited her chances of finding suitable employment; therefore she was not capable of and available for work from October 5, 2020 to June 30, 2021 and the appeal is dismissed.

Court Disposition

Appeal dismissed; claimant disentitled from EI regular benefits for October 5, 2020 to June 30, 2021.

Orders

  • Appeal dismissed
  • Claimant is disentitled from Employment Insurance regular benefits for the period October 5, 2020 to June 30, 2021