Summary of Issue


Decision A0002.13 Full Text of Decision A0002.13

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

The claimant had voluntarily left her full-time permanent employment with Erb to accept an ECE on-call temporary position with a school board. She worked as an ECE from October to December 2011, when she was laid off due to shortage of work. The Commission determined that she had voluntarily left her employment with Erb without just cause. In allowing the application for judicial review, the FCA stated that it is settled law that while it is legitimate for a worker to change the nature of their work, this cannot be done at the expense of the EI fund, and does not constitute just cause for leaving employment.


Decision 65819 Full Text of Decision 65819

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left his employment to accept another which offered a better salary. He knew the new employment was only a short-term contract with no reasonable assurance of permanency in the immediate future. Case law has established that, to demonstrate such assurance, a claimant must establish that the employment that was assured offered conditions of permanence equivalent to those of the employment he voluntarily left, even if the new employment offered a better salary.


Decision 65803 Full Text of Decision 65803

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant had a full-time year around job which he quit for seasonal employment because it paid more. Claimant made a choice to try to make greater money by taking a job that was only seasonal and in fact turned out to be even less than that.


Decision 66070 Full Text of Decision 66070

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

The claimant was aware of the fact that her temporary contract (with a school) would end June 30, 2005 and that she was able to resume her employment with the Library at the end of that contract. Although the claimant was reasonably certain she would be offered temporary work by the School for the fall term she did not receive a commitment of temporary employment until she received the letter of August 17, 2005. Claimant made a decision not to resume employment with the Library during the school break knowing that she might be without income during that period. That is the chance she took.


Decision 52849 Full Text of Decision 52849

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant quit a permanent job to work for 2 months for another company where he felt he had a reasonable assurance of full-time work with an opportunity to obtain superior work at higher pay. Held that leaving a full-time job to take a part-time one in the hope that it will become a full-time one does not meet the test for having been given a reasonable assurance of other work. Any subsequent hiring by the employer permanently was and remained an uncertainty.


Decision 50650 Full Text of Decision 50650

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant was only guaranteed 3 weeks' work but expected that the job would last much longer. It is apparent that the claimant left a permanent job for a job with an uncertain future. BOR ruled that claimant did not act as a reasonable person in leaving permanent employment for uncertain employment. Decision upheld by Umpire.


Decision 39870 Full Text of Decision 39870

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant made a personal choice to leave a permanent job for a seasonal one. He may have considered this a good cause but it is not just cause.


Decision 38444 Full Text of Decision 38444

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left his position only after he had procured another job. Although the latter job was temporary in nature, it was clear that employment was possible for permanent positions. Umpire stated that the Commission requirement, that the alternative employment be permanent in nature, is not consistent with the intent or spirit of the Act. Claimant did precisely what was expected of him.


Decision 32597 Full Text of Decision 32597

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Left p/t job for temporary employment. It is true that par. 28(4)(f) of the Act might seem to apply. The test however is what a reasonable person would do. It was not reasonable to leave a job, however precarious, for one known to be of only short duration. Did not leave to take a more secure job.


Decision 32152 Full Text of Decision 32152

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left a permanent job at $8.50/hour for temporary employment at $17.55/hour which lasted 2 months. The claimant knew the work was seasonal. Held that leaving a permanent job for temporary job to acquire a higher rate of pay does not fit within the definition of just cause.


Decision 28435 Full Text of Decision 28435

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Claimant left regular employment for seasonal work in a family enterprise being established and associated with the fishing industry. Employment unexpectedly terminated after 8 weeks. Held that it was open to the Board to find just cause in the particular circumstances of the case. No error of law or fact.


Decision 27969 Full Text of Decision 27969

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

A prudent person would not have left employment which did not fulfil her salary expectation but was permanent to accept seasonal work (duration: 3 weeks). She made a personal choice. Should have known that seasonal work to cut vegetables did not offer the permanency one can aspire to.


Decision 27846 Full Text of Decision 27846

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment new employment temporary
Summary:

Was offered work for 5 weeks as a Grip on a television movie. His employer was unable to give him a leave of absence. He, therefore, chose to leave full-time employment for temporary work. His employment in the film industry is more lucrative while it lasts. This was a personal decision.

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