SN v Canada Employment Insurance Commission

SN v Canada Employment Insurance Commission

Although the Appellant was credible about wanting to work, her job search was passive and not sustained or sufficiently directed; therefore she failed to meet the statutory requirement to make reasonable and customary efforts and failed the Faucher three-factor test for availability, so disentitlement for the specified period is upheld.

Citation
2024 SST 1105
Parties
Appellant: S. N.; Respondent: Canada Employment Insurance Commission
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
3 September 2024
Procedural Posture
Employment Insurance Appeal / General Division Decision
Outcome
Appeal dismissed
Legal Topics
Availability for Work, Reasonable and Customary Efforts, Capable of and Available for Work, Entitlement to EI Benefits
Source Language
English
Employment Insurance Social Security Administrative Law Availability for Work Reasonable and Customary Efforts Capable of and Available for Work Entitlement to EI Benefits

Case Brief

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Parties

S. N.

Appellant

Canada Employment Insurance Commission

Respondent

Procedural Posture

Employment Insurance Appeal / General Division Decision

Legal Issues

  1. 1 Whether the Appellant was available for work under the Employment Insurance Act and Regulations
  2. 2 Whether the Appellant made reasonable and customary efforts to find suitable work (sustained and directed job search)
  3. 3 Whether the Appellant satisfied the Faucher three-factor test for being capable of and available for work

Ratio Decidendi

Although the Appellant was credible about wanting to work, her job search was passive and not sustained or sufficiently directed; therefore she failed to meet the statutory requirement to make reasonable and customary efforts and failed the Faucher three-factor test for availability, so disentitlement for the specified period is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant disentitled to Employment Insurance regular benefits from 2024-06-24 to 2024-09-06