EP v Canada Employment Insurance Commission

EP v Canada Employment Insurance Commission

The presumption of non-availability for a full-time student was rebutted by claimant's documented history of working full-time while studying; claimant demonstrated reasonable and customary job-search efforts and met the three-factor availability test, and her hand injury was the sole reason she could not work,...

Source-derived case information.

Citation
2021 SST 561
Parties
Appellant: E. P.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 September 2021
Procedural Posture
Employment Insurance / General Division Appeal Decision
Outcome
Appeal allowed
Legal Topics
Availability for Work, Sickness Benefits, Student Presumption of Non Availability, Job Search Obligations, Overpayment
Source Language
english
Employment Insurance Administrative Law Social Security Law Availability for Work Sickness Benefits Student Presumption of Non Availability Job Search Obligations Overpayment

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Parties

E. P.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Appeal Decision

Legal Issues

  1. 1 Was the claimant available for work while attending school (Oct 12, 2020 to Dec 18, 2020; Jan 12, 2021 to Feb 16, 2021)?
  2. 2 Was the claimant otherwise available for work for EI sickness benefits from March 1, 2021 given her injury?
  3. 3 Whether the presumption that full-time students are unavailable for work was rebutted

Ratio Decidendi

The presumption of non-availability for a full-time student was rebutted by claimant's documented history of working full-time while studying; claimant demonstrated reasonable and customary job-search efforts and met the three-factor availability test, and her hand injury was the sole reason she could not work, therefore she was not disentitled from EI regular or sickness benefits.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Claimant found not disentitled from receiving EI regular and sickness benefits; claimant may be entitled to benefits