Availability

II. Principles of Law

(i) Lay-off Awaiting Recall

A claimant on temporary lay-off who is awaiting imminent recall should not be immediately disentitled to benefits on the grounds that he or she is not seeking other employment.

Canada (A.G.) v. MacDonald, May 31, 1994, F.C.J. No. 841 (F.C.A.) A-672-93 Judgment of the federal court of appeal; affirming CUB 23283 Judgment Of The Federal Court of Appeal

However, the claimant cannot rely upon recall as the best opportunity for employment. Unemployment insurance benefits are not intended to support a claimant awaiting recall to work, even where the anticipated period of unemployment is short. Where a claimant in these circumstances has conducted only a minimal job search, the Board of Referees is entitled to conclude that the job search fails to show that the claimant was really on the job market.

Khalid v. Canada (A.G.) , March 6, 1990, F.C.J. No. 216 (F.C.A.) A-337-89 Judgment of the federal court of appeal;affirming CUB 16710, leave to Supreme Court of Canada refused [1990], 119 S.C.R. 412 (S.C.C.) Judgment Of The Federal Court of Appeal

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