Availability
II. Principles of Law
(a) What is Availability
In order to be entitled to benefits, a claimant must show that he or she is seeking employment and is available for work.
Availability is a willingness to work under normal conditions without unduly limiting the chances of obtaining employment. It is a question of fact which requires that all the circumstances of a particular case be examined. A review of all the facts and a consideration of all the various factors involved must be carried out.
"Availability is usually described, in the case law, either as a sincere desire to work demonstrated by attitude and conduct and accompanied by reasonable efforts to find a job, or as a willingness to reintegrate into the labour force under normal conditions without unduly limiting one's chances of obtaining employment."
Availability is demonstrated by a claimant's conduct and attitude. It requires the making of reasonable and customary efforts to obtain suitable employment.
Availability must be determined by analyzing three factors: a claimant's desire to return to the labour market as soon as a suitable job is offered; the expression of that desire through efforts to find a suitable job; and, not unduly limiting the chances of returning to the labour market.
Faucher v. C.E.I.C. [1997], F.C.J. No. 215 (F.C.A.) A-57-96 Judgment of the federal court of appeal
Canada (A.G.) v. Wang, 2008 FCA 112 A-356-07 Judgment Of The Federal Court Of Appeal
The term "suitable employment" used in these sections of the legislation is defined in part by reference to the personal circumstances of the claimant.
Repeated refusals to accept suitable employment may be a reasonable indication that a claimant is not available for work.
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