LG v Canada Employment Insurance Commission

LG v Canada Employment Insurance Commission

Appellant failed to prove availability because she made no job search during the six-week unpaid leave and elected to await recall despite a period of uncertainty; therefore she did not meet the statutory tests under s.50(8) and s.18(1)(a) and is disentitled to EI for October 31, 2021 to December 13, 2021.

Source-derived case information.

Citation
2022 SST 455
Parties
Appellant: L. G.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 April 2022
Procedural Posture
Employment Insurance / General Division Decision (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Capable of and Available for Work, Disentitlement From EI Benefits, Employer Vaccination Mandate
Source Language
english
Employment Law Social Security Administrative Law Availability for Work Reasonable and Customary Efforts Capable of and Available for Work Disentitlement From EI Benefits Employer Vaccination Mandate

Source-derived case record

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Parties

L. G.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance / General Division Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the appellant was available for work during the six-week unpaid leave
  2. 2 Whether failing to seek other employment while awaiting recall disentitles claimant to EI benefits
  3. 3 Whether the appellant's disability or pandemic circumstances excused the obligation to search for work

Ratio Decidendi

Appellant failed to prove availability because she made no job search during the six-week unpaid leave and elected to await recall despite a period of uncertainty; therefore she did not meet the statutory tests under s.50(8) and s.18(1)(a) and is disentitled to EI for October 31, 2021 to December 13, 2021.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disentitled from Employment Insurance regular benefits for the period October 31, 2021 to December 13, 2021