CUB 63214

R. C. STEVENSON, UMPIRE:

Ms. MacDonald appeals from the decision of a Board of Referees dismissing her appeal from a ruling of the Commission that she was not entitled to benefits as of September 6, 2004 because she had not proved that she was available for work.

No oral hearing having been requested the appeal is to be decided on the basis of the documents filed.

Ms. MacDonald, then not quite 20 years of age, applied for benefits in September. She had been employed by The Perfect Gift from February 3, 2003 to June 7, 2003 and by the Town of Labrador City as a student labourer from May 31, 2004 to August 31, 2004. That job was only guaranteed to September 3, 2004 and Ms. MacDonald left on August 31, 2004 to enrol in a course at the College of the North Atlantic on September 1, 2004. Both major employers in the Labrador City area had been in a strike situation for some time and she had little prospect of employment.

Ms. MacDonald was only available for part time work outside her class hours and study time. The Board of Referees found there was an emphasis on class attendance at the College, that Ms. MacDonald was not able or willing to change her class schedule, that she had no history of working while attending school and that she had not established any exceptional circumstances. The Board also found that class hours of 8.30 a.m. to 4.30 p.m. Monday to Friday and 10 to 15 hours of study per week limited her chances of finding employment. The Board referred to the rebuttable presumption that one who is enrolled in a full time course is not available for work.

In her letter of appeal to the umpire dated November 19, 2004 Ms. MacDonald, who had not attended the Board of Referees hearing held a considerable distance from her place of residence, said she was then working 10 hours per week at Tim Horton's, that her course hours had been shortened ending at 1.30 p.m. on Monday and Tuesday, at 4.30 p.m. on Wednesday and Thursday and at 3.30 p.m. on Friday, and that she had applied to other employers.

I cannot find that, on the basis of the record it had before it, the Board of Referees erred in law or in principle or that it based its decision on any erroneous finding of fact. And I do not think the Board's decision would have been any different if it had had the information about changes in the class hours or the part time work Ms. Macdonald had found. Ms. MacDonald was not available for full time work, even if it could have been found in a community where two major strikes had had a profound effect on the local economy. She also made it clear that her primary objective was to upgrade her work qualifications in the hope of getting a better paying job after completing her course.

The appeal is dismissed.

Ronald C. Stevenson

Umpire

FREDERICTON, NEW BRUNSWICK
April 4, 2005