FG v Canada Employment Insurance Commission

FG v Canada Employment Insurance Commission

Tribunal found appellant did not prove availability from November 20, 2023 to January 9, 2024 because he planned to enroll in school and made no job search efforts until January 10, 2024; presumption of non‑availability for students did not apply because he did not enroll; appellant met availability requirements as...

Source-derived case information.

Citation
2024 SST 433
Parties
Appellant: F. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
7 April 2024
Procedural Posture
Employment Insurance / General Division Decision
Outcome
Appeal allowed in part
Legal Topics
Availability for Work Capable of and Available for Work, Availability for Work Reasonable and Customary Efforts, Voluntary Leaving Just Cause and Reasonable Alternatives, Disentitlement and Disqualification Dates
Source Language
english
Employment Insurance Administrative Law Labour Law Availability for Work Capable of and Available for Work Availability for Work Reasonable and Customary Efforts Voluntary Leaving Just Cause and Reasonable Alternatives Disentitlement and Disqualification Dates

Source-derived case record

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Parties

F. G.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision

Legal Issues

  1. 1 Whether the appellant met the availability requirements for EI benefits
  2. 2 Whether the appellant voluntarily left his employment
  3. 3 Whether the appellant had just cause for leaving (i.e. had no reasonable alternative) and the date of any disqualification

Ratio Decidendi

Tribunal found appellant did not prove availability from November 20, 2023 to January 9, 2024 because he planned to enroll in school and made no job search efforts until January 10, 2024; presumption of non‑availability for students did not apply because he did not enroll; appellant met availability requirements as of January 10, 2024 based on credible job search beginning that date; appellant voluntarily left employment and did not establish just cause because reasonable alternatives existed (modify behaviour, pursue grievance while employed, request leave), therefore disqualification from regular EI benefits is imposed beginning November 12, 2023.

Court Disposition

Appeal allowed in part

Orders

  • Appellant is disentitled from EI benefits for failing to prove availability from November 20, 2023 to January 9, 2024.
  • Appellant meets the availability requirements and is not disentitled for availability as of January 10, 2024.