In the Matter of the Employment Insurance Act,
S.C. 1996, c. 23
and
In the Matter of a claim for unemployment benefits by
Exeline Saulnier
and
IN THE MATTER of an appeal by the Commission from the decision of a Board of Referees given at Fredericton, New Brunswick on June 10, 2003
Appeal heard at Fredericton, New Brunswick on April 7, 2004
DECISION
R. C. STEVENSON, UMPIRE:
The Commission appeals from the decision of a Board of Referees allowing, in part, Ms. Saulnier's appeal from a Commission ruling that she was not entitled to receive unemployment benefits as of March 16, 2003 because she had not proved her availability.
The Board of Referees allowed the appeal, finding that Ms. Saulnier had established her availability as of April 20, 2003.
Ms. Saulnier gave up her employment on March 14, 2003 on her doctor's advice. She enrolled in two high school courses to upgrade her education. It is, of course, difficult for one who is taking a course of study to prove that she is capable of and available for work. Whether one is available for work is a question of fact.
The Board's decision was brief. It said:
The Board of Referees, considering the new information given by the claimant, indicates that she was ready and available to work after April 20, 2003. Her course load was not as heavy as first thought and due to flexibility of hours of the claimant, she proved to the Board of Referees, her availability for work.
The Board's decision was based on what it heard at the hearing which was not recorded. Although the Board's decision might have included more explicit findings of fact about the course load and flexibility of hours, in the absence of a record of the evidence heard by the Board 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
April 23, 2004