EE v Canada Employment Insurance Commission

EE v Canada Employment Insurance Commission

The Appellant failed to prove availability because he did not make sustained, reasonable and customary efforts to find suitable work prior to December 1, 2023, and failed each of the Faucher factors (lack of demonstrated intention to return immediately, insufficient job‑search efforts, and self‑imposed limitation by not seeking to remove the closed permit restriction), therefore he is disentitled to EI benefits for the period found by the Commission.

Citation
2024 SST 496
Parties
Appellant: E. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 March 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Capable of and Available for Work, Temporary Foreign Worker Permit Conditions, Job Search Obligations
Source Language
English
Employment Insurance Immigration Work Permits Availability for Work Reasonable and Customary Efforts Capable of and Available for Work Temporary Foreign Worker Permit Conditions Job Search Obligations

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Parties

E. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Was the Appellant available for work within the meaning of the Employment Insurance Act and Regulations?
  2. 2 Did the Appellant make reasonable and customary efforts to find suitable employment?
  3. 3 Was the Appellant capable of and available for work but unable to find a suitable job under the Faucher factors?

Ratio Decidendi

The Appellant failed to prove availability because he did not make sustained, reasonable and customary efforts to find suitable work prior to December 1, 2023, and failed each of the Faucher factors (lack of demonstrated intention to return immediately, insufficient job‑search efforts, and self‑imposed limitation by not seeking to remove the closed permit restriction), therefore he is disentitled to EI benefits for the period found by the Commission.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Commission decision confirmed that Appellant is disentitled to EI regular benefits from August 7, 2023 to December 1, 2023