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Schontala v Engine Power Components 7.31

Section 28(1)(c)

AVAILABILITY, Attachment to labor market, Full time work, College student

CITE AS: Schontala v Engine Power Components, Ottawa Circuit Court, No. 86-8221-AE (October 27, 1987).

Appeal pending: No

Claimant: Timothy Schontala

Employer: Engine Power Components

Docket No. B85-11974-101743W

CIRCUIT COURT HOLDING: Where claimant asserted he was available for full time work but showed by his actions that, in fact, he was not, he did not meet the availability requirement for eligibility under Section 28(1)(c).

FACTS: After working full time for the employer for over a year, claimant requested reduction to part-time work so he could return to school. Claimant was granted part-time status but shortly thereafter was laid off due to lack of work for part-time employees. Claimant was attending school and placed numerous applications for part-time work. He applied for benefits while still in school when he could not find any part-time work. Claimant asserted that he would accept full-time employment but Referee did not find his testimony credible.

DECISION: Claimant is ineligible for benefits.

RATIONALE: Determination of genuine attachment to the labor market is made by means of a subjective test which looks at the actions of the individual. In this case, claimant quit his full time employment, requested part-time status, enrolled in school nearly full-time, and subsequently applied for part-time work. See test enunciated in Dwyer v UCC, 321 Mich 178, 189 (1948).


14, 3: N/A

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