CUB 73157

GUY GOULARD, Umpire

The claimant filed a claim for employment insurance benefits which was established effective December 23, 2007. The Commission later determined that the claimant was not available for work as she had done only one job search even after being told that she had to look for employment and keep a list of her job searches. The Commission imposed an indefinite disentitlement pursuant to subsection 18(a) of the Employment Insurance Act from December 23, 2007. This decision resulted in an overpayment of $3,927.00. The Commission also determined that the claimant was not entitled to sickness benefits because, had she not been ill, she would not have established her availability for employment due to her very limited efforts to find employment. The Commission imposed a further indefinite disentitlement pursuant to subsection 18(b) of the Employment Insurance Act as of December 23, 2007.

The claimant appealed the Commission's decisions to a Board of Referees which dismissed the appeal. She appealed the Board's decision. This appeal was heard in Vancouver, British Columbia on August 13, 2009. The claimant did not appear but was represented.

The Commission indicated that it was conceding the claimant's appeal to the extent of cancelling the disentitlement between December 23, 2007 and June 8, 2008 as the Commission had not given the claimant a warning that she had to expand her job search. This has the effect of annulling the overpayment established. The disentitlement will be maintained after June 8, 2008 but this will create no overpayment.

Claimant's representative indicated that the claimant would be satisfied with a decision confirming the terms of the Commission's concession.

Accordingly, the appeal is allowed to the extent of cancelling the disentitlement between December 23, 2007 and June 8, 2008, eliminating entirely the overpayment owed by the claimant. The disentitlement is maintained after June 8, 2008.

Guy Goulard

UMPIRE

OTTAWA, Ontario
August 28, 2009