A person may be regarded as not being available for work if s/he imposes unreasonable restrictions on:
- the nature of the employment; or
- the hours of work; or
- the rate of pay; or
- the duration of the employment; or
- the location of the employment; or
- any other conditions of employment which s/he is prepared to accept.
In any case where a Deciding Officer is of the opinion that the person has placed unreasonable restrictions, s/he should be interviewed and given the opportunity to respond. In some cases a person may demonstrate that the restrictions are not unreasonable and that s/he has a reasonable prospect of getting full-time employment despite such restrictions. For example, a person may be qualified as a baker, but may have ceased seeking work in that field upon developing dermatitis. Employment which would bring that person into contact with agents that trigger the condition would obviously not be suitable employment. Such a restriction on availability may, in the circumstances, be regarded as reasonable.
The following are some of the circumstances where a person may be considered NOT to be available for work:
- s/he is looking for a particular type of work only. As previously stated, after a period of unemployment, a person must be prepared to accept any employment for which s/he is qualified,
- if a person states that s/he is unwilling to take up full-time work but is looking for part-time work only, e.g., 3 days per week or morning/evening work only, this could be regarded as an unreasonable restriction on his/her availability in terms of the hours of work s/he is prepared to accept.
It should be noted that this does not preclude a person from accepting part-time work in the absence of suitable full-time employment if the person demonstrates that s/he continues to be available for work in respect of the remaining days of unemployment.
It is expected that the person in part-time employment would continue to take steps which demonstrate that s/he is genuinely seeking full-time employment,
- if s/he is only available during hours which are not typical of the employment sought, e.g. clerical office work in evenings only,
- if a person is unwilling to accept an offer of suitable employment for which s/he holds him/herself available because s/he is unhappy with the going rate for the job this could be regarded as imposing unreasonable restrictions on his/her availability. Where a person has refused to take up employment because s/he is unhappy with the rate for the job, s/he should be interviewed by the Deciding Officer regarding the reasons for such refusal.
If for example, taking up such employment would leave a person in a worse financial position, taking into account the various other income supports available to him/her, then it may be reasonable not to accept an offer of such employment. However, weight should also be given to the longer term benefits that accrue to a person by virtue of being in employment,
- the person is unwilling to take up an offer of reasonable short-time employment e.g. relief work or employment under a short-term contract,
- the person moves to a location where his/her prospects of getting suitable employment have been significantly reduced. In deciding whether a move to a location imposed unreasonable restrictions on availability for work, regard should be had to the reasons for the move. For example, people who relocate to be near family or relatives or under a resettlement programme would be regarded as indigenous residents,
- the person is placing unreasonable restrictions on the distance which s/he is willing to travel to find work having regard to the availability of public/private transport,
- s/he is placing unreasonable restrictions on his/her ability to take up work due to domestic commitments, e.g., caring for an elderly/sick relative or young children. If the person can show that s/he has made alternative domestic arrangements then s/he may be considered to be available for work.
If another person has been nominated to assume these commitments, that person should not have domestic responsibilities of his/her own, live too far away or have no realistic means of travel to client's home. Deciding Officers should note the importance of applying this criterion to both men and women.
As a person has to be available to accept offers of employment, a refusal of an offer of suitable employment, training or placement may indicate that s/he is not satisfying this condition. The reasons for such refusal should be investigated.
