CUB 59406

R. C. STEVENSON, UMPIRE:

The Commission appeals from the decision of a Board of Referees allowing Ms. Gibbs' appeal from its ruling that she was disentitled from receiving unemployment benefits from March 31, 2002 because she had not proved she was available for work.

Ms. Gibbs began a full time course of instruction on March 25, 2002. She continued part time employment with her employer but that employment ended on March 30 because the employer lost a major account. Ms. Gibbs engaged in an extensive job search for part time work compatible with her course hours and eventually found work on June 9.

The Board of Referees found that Ms. Gibbs was capable and available to do work similar to her most recent previous employment. The Board said:

Just prior to leaving her job the claimant began to work the hours that suited her study schedule. If her job had not ceased to exist, she would have continued to work there as she had planned.

When the job ceased, the company tried to retain their employees by retraining them for another position. There is not guarantee or indication that the claimant would be included in this plan if she had remained.

The claimant's main objective is to complete her course, however, she had a job that would have allowed her to meet her main objective while still working. She lost the job through circumstances that were not her fault. She is currently working at a job with hours similar to her most recent position while still attending her course.

There was evidence to support the Board's findings of fact and I cannot find that the Board of Referees erred in law or in principle or that it based its decision on any erroneous finding of fact.

The Commission's appeal is dismissed.

RONALD C. STEVENSON

Umpire

FREDERICTON, NEW BRUNSWICK
November 5, 2003