LE v Canada Employment Insurance Commission

LE v Canada Employment Insurance Commission

The Tribunal found the claimant credible and demonstrated a desire and reasonable, customary job search efforts from November 19, 2019 (date she provided a resume and job search list); lack of a current work permit was not a personal condition imposed by the claimant and therefore she was available for work from...

Source-derived case information.

Citation
2020 SST 83
Parties
Appellant: L. E.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
24 January 2020
Procedural Posture
Employment Insurance Regular Benefits Disentitlement Appeal / General Division Hearing and Decision
Outcome
Appeal allowed in part; claimant found available from November 19, 2019.
Legal Topics
Availability for Work, Work Permit Expiry, Job Search Efforts, Disentitlement Under S.18(1)(a) and S.50(8)
Source Language
english
Employment Insurance Immigration Administrative Law Availability for Work Work Permit Expiry Job Search Efforts Disentitlement Under S.18(1)(a) and S.50(8)

Source-derived case record

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Parties

L. E.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Regular Benefits Disentitlement Appeal / General Division Hearing and Decision

Legal Issues

  1. 1 Whether the claimant has a desire to return to the labour market as soon as suitable employment is offered
  2. 2 Whether the claimant has indicated that desire through job search efforts
  3. 3 Whether the claimant imposed personal conditions that unduly limit her chances of returning to the labour market

Ratio Decidendi

The Tribunal found the claimant credible and demonstrated a desire and reasonable, customary job search efforts from November 19, 2019 (date she provided a resume and job search list); lack of a current work permit was not a personal condition imposed by the claimant and therefore she was available for work from that date under ss.18(1)(a) and 50(8).

Court Disposition

Appeal allowed in part; claimant found available from November 19, 2019.

Orders

  • Claimant is not disentitled from receiving regular employment insurance benefits as of November 19, 2019.