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Van Sloten (Sea Ray Boats) 7.23

Section 28(1)(c)

AVAILABILITY, Lack of automobile, Transportation

CITE AS: Van Sloten (Sea Ray Boats), 1979 BR 58611 (B77 19555).

Appeal pending: No

Claimant: Theresa Van Sloten

Employer: Sea Ray Boats

Docket No: B77 19555 58611

BOARD OF REVIEW HOLDING: "Nowhere does it state in the Act that possession of an automobile is a prerequisite for collecting benefits."

FACTS: The referee found the claimant ineligible for benefits for a period during which she did not have an operable automobile. "All the elements necessary for availability and attachment to the labor market were satisfied and found to exist by the referee. Despite all the efforts made by claimant to secure employment, the referee felt the lack of an automobile would preclude her from being eligible for benefits."

DECISION: The claimant meets the availability requirements of Section 28(1)(c) of the Act.

RATIONALE: "Nowhere does it state in the Act that possession of an automobile is a prerequisite for collecting benefits. A claimant had to make a reasonable effort to secure employment and in this case this was done by the claimant."

11/90 5, 7, d15:NA

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