P A R T C D e c i s i o n u n d e r A p p e a l T h e d e c i s i o n u n d e r a p p e a l i s t h e r e c o n s i d e r a t i o n d e c i s i o I n n o v a t i o n ( M i n i s t r y ) d a t e d M a r c h 2 8 , 2 0 1 4 , i n w h i c h t h e f u r t h e r i n c o m e a s s i s t a n c e d u e t o n o n c o m p l i a n c e w i t h h t h e E m p l o y m e n t a n d A s s i s t a n c e A c t . P A R T D R e l e v a n t L e g i s l a t i o n E m p l o y m e n t a n d A s s i s t a n c e A c t ( E A A ) s e c t i o n 9 E A A T 0 0 3 ( 1 0 / 0 6 / 0 1 )I A P P E A L # n o f t h e M i n i s t r y o f S o c i a l D e v e l o p m e n t a n d S o c i a l M i n i s t r y d e t e r m i n e d t h a t t h e A p p e l l a n t i s i n e l i g i b l e f o r e r e m p l o y m e n t p l a n ( E P ) p u r s u a n t t o s e c t i o n 9 ( 1 ) ( b ) o f
PART E -Summarv o f Facts There wa s an inte r p rete r present f o r the Ap pellant . Information bef o re the Min ist ry at recon side r ation i nc l uded: A blan k Wo r k S earch Ac t i vities R ecord, und a t ed, A cop y of an Employmen t Plan s ign e d b y the App c on di tions th a t includ ed "I will r e cord m y mon thly prov ide these t o the mi n istry upo n re q ue s t". A cop y o f a Work Sear c h Activ ities R ec ord sig ned activity d at ed Mar ch 14, 2 0 14, stat ing "c leaning a vo l u nteering" a s the resu l ts of t h e act iv ity. A copy o f the A ppe llant 's R equest for Reconsi de her English is sti ll at a minim u m le ve l, that :'1he is no m o m e nt and c ann ot ha nd l e a n y no rm al daily acti so m eo ne wh o kno w s Eng l ish. Sh e s tate d that any plac volunteering o r e mpl oyment hav e deni ed her a ppli w o rk env ironment." The Appella nt cited an exam af ter ab o ut fiv e min ut e s when she w as info rm ed th and r elat ives have be en helping he r to searc h online, b ha s " no experien ce and minimu m En gli s h in a ll the she s h o uld f u lly f oc u s and c o nce n trate o n imp r ovin la ng u a ge when seeking emp loy m en t. In her Notice o f A ppeal da ted Ap r il 8, 2 014 , t he A ppell ant assistan c e a s she is currentl y n ot w o rking ; therefor e she is dep stat ed tha t the appl ications fo r work she has app lied f or in t lev el of Eng l ish. I n he r oral test im o ny a t the hear i n g, the Appe ll a nt sta ted : t hat she ha s a lan guage barrie r; t hat sh e has tri ed to lo b est, but she can not ev en see a doctor w ithout an i t hat she did apply t o some p l aces, but s he ha s not hea In response to question s from the Mi n i s try, the Appellant st activ ities because she had no results to report. She stated that she only applied to places she knows, and that she is not compu ter literate. She stated that she might have fai for wo r k , mostly kitchen wo r k , and sh e gav e her resume to relativ q uestions from t h e Ministry a bou t the EP, the Appellant st English language traini n g programs, and th at she has been to Work BC, but did not get a job English was not sufficient. In response to questions from the Panel, the Appellant stated that she has been attending English language classe s since she arrived in Canada, and she is a ttending that she did volunteer work for one d ay , then sh e was tol d been no contact, although she has looked at her email. The Appellant st Notice of Appeal using her words. She stated that it may appear due to the level of her courses that her English is good, but she cannot express herself. She stated that someone assists her with telephone conversations. EAAT003(10/06/01) I A PP EA L # w ith the Appel la n t' s nam e at the top . ellant , date d Novemb e r 5 , 2013 , and containin g w o r k search activitie s o n t he ministry f orm and b y the Ap pell ant on M arch 1 7, 2014 , li s ting one nd se r v i n g" as the type of a c ti vity and "con tinuin g r ati on, dated Mar ch 17, 201 4, in whic h she st ated that t con fi d ent or c omf or tab le wi th he r E ngli sh at the v ity su ch as d octors ' a ppo i nt m en ts without t h e help of e s or o r g a n i z a t i o ns sh e h as appli ed to f or eit h er ca tion because "my Eng li s h was not enoug h for th e ple o f an emp loyme nt in t erview t hat was terminated at h er Englis h was not su f ficient, an d th at h er f rien ds u t al l of her res ume s were denie d because s h e secto rs fo r em ployme nt." She s tated that she fee ls g he r E nglish an d have full c onfi den c e wit h h er stat ed that she i s in ex t r eme n eed of fi n an cial endent o n th e mon e y fo r her mont hl y ren t. She he last few m o nths h av e been deni ed due to he r ok f or wo r k as m u ch a s po ssibl e an d did her nterpre ter. r d fr om them, so s h e ha s no results to report. ated that sh e did not record her work search led to report her activities, bu t she did search es to distribute for her. In response to ated that she has n o information about W o r k B C be ca use her now from 9:15 AM to 12:15 PM d aily. S h e stated that she would be contacted by e mail, b ut t he re ha s ated th at her s i s t e r -in-law w rote the
APPEAL# I As the appellant's statements in her Notice of Appeal and at the hearing relate to her knowledge of English and her work search activities and reporting, the panel admits them pursuant to section 22(4)(b) of the Employment and Assistance Act as testimony in support of information that was before the ministry at the time the decision being appealed was made. In its reconsideration decision dated March 28, 2014, the Ministry stated that the Appellant signed an employment plan on November 5, 2013, confirming that she had read, understood and agreed with the conditions listed in the plan, and the consequences of not complying with the plan were discussed. The Ministry stated that the Appellant was required to distribute her resume to employers, seek out available resources, record monthly work search activities on a form (Work Search Activities Record), and use personal contacts to assist in work search activities. The employment plan required a minimum of 25 hours per week to be spent on work search activities. The Ministry stated that the Appellant was advised that she could continue to study English part-time, but that she must enter into an employment plan and comply with its conditions if she wished to remain eligible/or income assistance. The Ministry stated that they received confirmation on November 13, 2013 that the Appellant was enrolled in English language classes from 9:14 AM to 2:45 PM Monday to Friday. The Ministry added that they did not receive any work search activity reports for the months of November, 2013 to February, 2014, and on March 11, 2014 the Appellant advised them that she had not looked for work because she was attending school. The Ministry stated that in conversations with the Appellant and in considering the higher level of English classes the Appellant is enrolled in, it found that her ability to speak English was sufficient to perform work searches. At the hearing, the Ministry stated that section 9, EAA requires that every recipient without a medical condition that precludes employment must have an employment plan, and there are English classes that can form part of the plan if the person is referred to them through an agency that the ministry contracts to offer English language assessments and training. In response to questions from the Panel, the Ministry stated that the Appellant was expected to work around her class schedule and perform 25 hours per week of work search activities and record her work search activities on the Work Search Activities Record even where she did not have a result to record on the form. The ministry added that the appellant had an interpreter with her when she signed the EP and acknowledged that she understood the requirements. The Ministry stated that employment programs are able to refer clients to English language classes if they are needed. The client must follow all of the details in their employment plan, and a work search can include writing resumes, as an example. With respect to the Appellant's English language ability, the Ministry stated that if they are unable to speak to the client in English, the client is referred to an employment service agency where they can be further referred to school, or to employment where English is not a requirement. If a client is referred to English language training through the employment service agency, it counts as part of the employment plan, but the appellant's English program was one that she was taking on her own .. The Ministry stated that the Appellant had interacted with several workers in the past and had acted as an advocate to assist her mother-in-law with English at a Ministry office. The Panel makes the following findings of fact: The Appellant signed an employment plan on November 5, 2013, in which she agreed to spend 25 hours per week on work search activities and record those activities monthly on a Ministry form (Work Search Activities Record) to be provided to the Ministrv on request. EAA T003(10/06/01)
I APPEAL# The Appellant provided no work search activity forms for the months of November, 2013 to February, 2014 inclusive. EAAT003(10/06/01)
I APPEAL# PART F -Reasons for Panel Decision The issue in this appeal is the reasonableness of the Ministry's Reconsideration Decision dated March 28, 2014, in which the Ministry determined that the Appellant is ineligible for further income assistance due to non compliance with her employment plan pursuant to section 9 of the Employment and Assistance Act. Legislation EAA Employment plan 9 (1) For a family unit to be eligible for income assistance or hardship assistance, each applicant or recipient in the family unit, when required to do so by the minister, must (a) enter into an employment plan, and (b) comply with the conditions in the employment plan. (2) A dependent youth, when required to do so by the minister, must (a) enter into an employment plan, and (b) comply with the conditions in the employment plan. (3) The minister may specify the conditions in an employment plan including, without limitation, a condition requiring the applicant, recipient or dependent youth to participate in a specific employment-related program that, in the minister's opinion, will assist the applicant, recipient or dependent youth to (a) find employment, or (b) become more employable. (4 ) If an employment plan includes a condition requiring an applicant, a recipient or a dependent youth to participate in a specific employment-related program, that condition is not met if the person (a) fails to demonstrate reasonable efforts to participate in the program, or (b) ceases, except for medical reasons, to participate in the program. (5) If a dependent youth fails to comply with subsection (2), the minister may reduce the amount of income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period. (6) The minister may amend, suspend or cancel an employment plan. (7) A decision under this section (a) requiring a person to enter into an employment plan, (b) amending, suspending or cancelling an employment plan, or (c) specifying the conditions of an employment plan is final and conclusive and is not open to review by a court on any ground or to appeal under section 17 (3) [reconsideration and appeal rights]. The Appellant's position is that she is in extreme need of income assistance, and that she has a language barrier that prevents her from finding employment. She has applied for jobs, but since she has heard nothing back, she didn't report the applications on the Work Search Activities Record. EAA T003(10/06/01)
T h e M i n i s t r y ' s p o s i t i o n i s t h a t t h e a p p e l l a n t d i d n o t c o m n o t s u b m i t t h e r e q u i r e d e v i d e n c e o f h e r e f f o r t s t o f i n d e r e a s o n a b l e e f f o r t t o c o m p l y w i t h h e r e m p l o y m e n t p l a n a T h e p a n e l n o t e s t h a t s e c t i o n 9 ( 1 ) o f t h e E A A r e q u i r e s a c o n d i t i o n s . T o d e t e r m i n e w h e t h e r t h e m i n i s t r y w a s r e a s r e a s o n a b l e e f f o r t s , t h e p a n e l m u s t c o n s i d e r a l l o f t h e e v s e a r c h ; a n y d i r e c t i o n s h e r e c e i v e d r e g a r d i n g w h a t c o n s t h a t t h e A p p e l l a n t w a s a w a r e o f t h e r e q u i r e m e n t s , a n d t T h e M i n i s t r y h o l d s t h a t t h e a p p e l l a n t d i d n o t m a k e r e a s o s h e d i d n o t f u l f i l l t h e r e q u i r e m e n t o f h e r e m p l o y m e n t p l a a c t i v i t i e s a n d d i d n o t p r o v i d e a r e c o r d o f h e r w o r k s e a r c p r e s e n t w h e n t h e A p p e l l a n t s i g n e d h e r e m p l o y m e n t p l a f r o m t h e M i n i s t r y t h a t s h e d i d u n d e r s t a n d h e r o b l i g a t i o n h o w e v e r s h e d i d n o t r e c o r d a c t i v i t i e s w h e n t h e r e w e r e n s h e c o n t i n u e d t o a t t e n d E n g l i s h c l a s s e s d a i l y a l t h o u g h s s e a r c h a c t i v i t i e s f o r a m i n i m u m o f 2 5 h o u r s p e r w e e k . T a d e q u a t e f o r e m p l o y m e n t ; h o w e v e r , t h e P a n e l n o t e s t h a e m p l o y m e n t p l a n i n c l u d e p u r s u i n g a v a i l a b l e r e s o u r c e s , s o m e t y p e s o f e m p l o y m e n t a s d e s c r i b e d b y t h e m i n i s t r y T h e A p p e l l a n t a c k n o w l e d g e s h e r w o r k s e a r c h w a s n o t t o e m p l o y m e n t p l a n , t h a t t h e m i n i s t r y e x p l a i n e d h o w t o f i l l t h e c o n s e q u e n c e s o f n o n c o m p l i a n c e w h e n s h e s i g n e d t h e a p p e l l a n t d i d n o t d e m o n s t r a t e r e a s o n a b l e e f f o r t s t o f p l a n a s d i r e c t e d b y t h e M i n i s t r y a n d a s r e q u i r e d b y s e c t i r e a s o n a b l y d e t e r m i n e d t h a t s h e d i d n o t c o m p l y w i t h t h e s e c t i o n 9 ( 2 ) ( b } . T h e P a n e l t h e r e f o r e c o n f i r m s t h e M i n i s t r y ' s d e c i s i o n a s r E AA T 0 0 3 ( 1 0 / 0 6 / 0 1 )A P P E A L # I p l y w i t h t h e c o n d i t i o n s o f h e r e m p l o y m e n t p l a n a n d d i d m p l o y m e n t ; t h e r e f o r e s h e d i d n o t d e m o n s t r a t e a n d i s i n e l i g i b l e f o r f u r t h e r i n c o m e a s s i s t a n c e . c l i e n t t o e n t e r i n t o a n E P a n d c o m p l y w i t h i t s o n a b l e i n f i n d i n g t h a t t h e a p p e l l a n t d i d n o t m a k e i d e n c e p r e s e n t e d r e g a r d i n g t h e A p p e l l a n t ' s w o r k t i t u t e s a s a t i s f a c t o r y w o r k s e a r c h ; a n d a n y e v i d e n c e h e c o n s e q u e n c e s o f n o n c o m p l i a n c e . n a b l e e f f o r t s t o p a r t i c i p a t e i n a w o r k s e a r c h b e c a u s e n t o s p e n d a t l e a s t 2 5 h o u r s p e r w e e k o n w o r k s e a r c h h a c t i v i t i e s . T h e P a n e l n o t e s t h a t a n i n t e r p r e t e r w a s n a n d t h e A p p e l l a n t s t a t e d i n r e s p o n s e t o a q u e s t i o n t o r e c o r d h e r w o r k s e a r c h a c t i v i t i e s o n a M i n i s t r y f o r m , o r e s u l t s t o r e p o r t . T h e A p p e l l a n t a l s o c o n f i r m e d t h a t h e h a d b e e n a d v i s e d t h a t s h e m u s t p e r f o r m w o r k h e A p p e l l a n t a r g u e d t h a t h e r l e v e l o f E n g l i s h i s n o t t t h e w o r k s e a r c h a c t i v i t i e s l i s t e d i n t h e A p p e l l a n t ' s n o t j u s t a p p l i c a t i o n s t o e m p l o y e r s , a n d t h a t t h e r e a r e t h a t d o n o t r e q u i r e f l u e n c y i n E n g l i s h . t h e m i n i s t r y ' s s a t i s f a c t i o n a s r e q u i r e d i n t h e o u t t h e w o r k s e a r c h r e c o r d , a n d t h a t s h e u n d e r s t o o d t h e e m p l o y m e n t p l a n . A s t h e e v i d e n c e i n d i c a t e s t h a t u l f i l l t h e w o r k s e a r c h r e q u i r e m e n t s o f h e r e m p l o y m e n t o n 9 ( 4 ) ( a ) o f t h e E A A , t h e P a n e l f i n d s t h a t t h e m i n i s t r y c o n d i t i o n s o f h e r e m p l o y m e n t p l a n p u r s u a n t t o e a s o n a b l y s u p p o r t e d b y t h e e v i d e n c e .
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.