EA v Canada Employment Insurance Commission

EA v Canada Employment Insurance Commission

The appellant was a full-time student (25 hours/week) and the presumption of non-availability applied; she failed to rebut that presumption, did not establish reasonable and customary, sustained job-search efforts, and failed the three-factor availability test (did not demonstrate desire to return immediately,...

Source-derived case information.

Citation
2024 SST 1153
Parties
Appellant: E. A.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 August 2024
Procedural Posture
Employment Insurance / General Division Decision (appeal Heard August 6, 2024; Decision August 9, 2024)
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Full Time Student Presumption, Reasonable and Customary Efforts, Disentitlement, Referred Training Jurisdiction
Source Language
english
Employment Insurance Administrative Law Social Security Availability for Work Full Time Student Presumption Reasonable and Customary Efforts Disentitlement Referred Training Jurisdiction

Source-derived case record

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Parties

E. A.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision (appeal Heard August 6, 2024; Decision August 9, 2024)

Legal Issues

  1. 1 Was the appellant available for work while taking full-time real estate broker training?
  2. 2 Did the appellant rebut the presumption that full-time students are unavailable for work?
  3. 3 Did the appellant make reasonable and customary efforts to find suitable employment?

Ratio Decidendi

The appellant was a full-time student (25 hours/week) and the presumption of non-availability applied; she failed to rebut that presumption, did not establish reasonable and customary, sustained job-search efforts, and failed the three-factor availability test (did not demonstrate desire to return immediately, sustained effort, or absence of undue personal conditions), therefore she was not available for work and is disentitled to EI benefits for the period in dispute.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disentitled to Employment Insurance regular benefits from 2023-09-06 to 2024-02-06