Decision A0319.14
Full Text of Decision A0319.14
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The claimant had been dismissed because he had illegally connected the cable to a tenant’s apartment on two occasions. The Commission excluded the claimant from receiving benefits because he lost his employment by reason of his misconduct. In the appeal, the BOR upheld the Commission’s decision. The claimant then requested another hearing before the BOR pursuant to section 120 of the EI Act so that it could take into consideration an agreement he had made with his employer. In the agreement, the employer substituted the dismissal with a suspension without pay for three weeks and the applicant waived his reinstatement in the workplace following the suspension. In light of this new evidence, the BOR determined that the applicant qualified for benefits. The appeal of that decision by the Commission was allowed by the SST which ruled that the applicant was no longer employed because of his misconduct. The FCA concluded that the agreement did not result in changing the sanction and therefore did not allow the BOR to amend its original decision. The claimant having waived the reinstatement clause of the agreement, whatever it is, whether he has lost his employment due to his misconduct or left his employment voluntarily without just cause, he should be excluded from benefits. The application for judicial review was dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
suspension * |
|
|
Decision 70395
Full Text of Decision 70395
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Misconduct and voluntary leaving are two distinct notions rationally linked together because they both refer to situations where loss of employment results from a deliberate action of the employee. Tantamount to dismissal. The claimant was obligated to renew his security license as directed by the Ministry in order to continue working. The claimant did not renew his license. He knew it was his responsibility to renew his license or he would be dismissed. The claimant chose to notify the employer that he quit. If the employer had actually dismissed him, a finding of misconduct would have resulted. Since the legal issue is a disqualification under subsection 30(1) of the Act, the finding of the Board or the Umpire can be based on any of the two grounds for disqualification as long as it supported by the evidence.
Decision A-0078.04
Full Text of Decision A-0078.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The Court stated that it does not matter whether it was the employee or the employer who severed the employment relationship when misconduct is the cause of the termination.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
driving permit |
|
|
Decision 45268
Full Text of Decision 45268
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The claimant, a truck driver, was convicted of driving while his ability was impaired. On 31-3-98, he was advised that his driver's licence was suspended for one year. Instead of firing him, the employer decided to give the claimant a leave of absence. Claimant was denied benefits because he voluntarily took leave from his job without just cause. Claimant argued that he could no longer do his work and therefore "had no reasonable alternative to leaving or taking leave.." Held by Umpire that the lack of reasonable alternative to leaving arose out of claimant's own actions. Reference made to FCA decision in Brissette (A-1342.92).
Decision A-0875.96
Full Text of Decision A-0875.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Claimant started working as a truck driver in 02-94. In 06-94, claimant advised the employer that he could not carry on working as a driver: licence suspended for an offence committed in 07-93 i.e. seven months before he started to work. In a majority decision, the FCA held that claimant had lost his job without just cause. **The umpire referred to the misconduct of the applicant. This is not a case where the applicant lost his employment by reason of misconduct, since he voluntarily left his employment. But it was not an error on the part of the umpire to assert that where a term of employment is the maintenance of a driver's Class A licence, the loss of that licence by the actions of the applicant amounted to loosing his employment by reason of his misconduct. This statement is not contradictory to the decision of this Court in Nolet (A-517-91) cited in Brissette (A-1342-92).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
driving permit |
|
|
| misconduct |
misconduct prior to employment |
|
|
| misconduct |
definition |
|
|
| misconduct |
criminal acts |
|
|
| misconduct |
elsewhere than at work |
|
|
| misconduct |
questions to examine |
|
|
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 35627
Full Text of Decision 35627
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
In this case, the theft was the risk that the claimant assumed when he committed theft while in the employer's service. The fact that he was given the choice of resigning or be fired does not alter the fact that it was the actions of the claimant and the claimant alone that caused his termination.
Decision 33370
Full Text of Decision 33370
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The employer was offering the claimant a demotion in responsibility and reporting structure. Referring to CUB 18009 dealing with any major change in the employment relationship, the Umpire found that claimant was constructively dismissed and had just cause for leaving.
Decision 26245
Full Text of Decision 26245
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Held that the law of constructive dismissal applies. Claimant faced a new manager behaving irrationally and there was a replacement employee waiting to be employed. The inference was that the new manager was inflicting a deliberate provocation upon claimant in the hope that she would rush out.
Decision 24138
Full Text of Decision 24138
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The employee was told that he had "the option of resigning or being dismissed. Under the circumstances, although he may have signed a letter of resignation which had been dictated by the employer, such letter amounts to a dismissal, a loss of employment contemplated under section 28.
Decision 23259
Full Text of Decision 23259
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
It is not clear why the Board characterized the events as a constructive dismissal. A personality conflict, a flaring of tempers does not automatically lead to such a conclusion. These are equally consistent with an employee leaving employment (with or without just cause).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
mutual decision |
|
Decision 22778
Full Text of Decision 22778
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
In the circumstances of this case, with a history of differences between him and his supervisor, with reductions in wages and hours of work, and finally with the threat, made in front of fellow employees, that if he made another mistake he would be fired, in my view he was constructively dismissed.
Decision 22352
Full Text of Decision 22352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
A claimant who is forced to resign or face dismissal does not voluntarily leave his or her job and the Commission is entitled to consider the issue of misconduct.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dereliction of duty |
|
|
Decision 17766B
Full Text of Decision 17766B
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
The Board did not believe that a redefined contract, with same approximate remuneration, is constructive dismissal. This is clearly wrong in law unless one accepts that an employer can unilaterally change a contract which is proving more profitable to employee than anticipated.
Decision 19432
Full Text of Decision 19432
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
A constructive dismissal occurs when the employer unilaterally, that is without the agreement of the employee, imposes changes upon the terms of the employment contract which are of a fundamental nature. This always amounts to just cause for leaving.
Purchasing manager with 11 years of seniority who disagreed with the appraisal, declined to sign the form and, upon being imposed a probationary period of 9 months, left on the advice of his lawyer. This amounted to a constructive dismissal and to just cause for leaving.
Decision 19215
Full Text of Decision 19215
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Claimant had a year of conflict with employer over radio programs broadcasted to the plant. A compromise solution lasted for 18 months. One day the employer abruptly put an end to it with claimant humiliated in front of others. This is a constructive dismissal or else just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Decision 18009
Full Text of Decision 18009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
It is important not to equate "just cause" and "constructive dismissal" since "just cause" is broader than the strict grounds of the latter. But at the very least, cases where the employer's actions can be shown to amount to constructive dismissal will always provide just cause.
Where the employer presents the employee with fundamentally different and new terms of employment and conveys to the employee that he must accept them or else face dismissal, the employee is fully entitled to treat this action as a constructive dismissal and leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Decision 17185
Full Text of Decision 17185
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Claimant, a manager, is put on probation after 26 years' service. Company set out objectives which, according to him, are impossible to meet. He feels the real reason may be to close the branch. More likely that he left as a result of constructive dismissal.
Decision 15753
Full Text of Decision 15753
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Claimant alleges job phased out and he was constructively dismissed. Refuses to discuss his case on advice of lawyer pending legal suit. Length of 6-week disqualification to be reexamined. Whether he sought remedial action before leaving is a most important factor.
Decision 15384
Full Text of Decision 15384
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Foreman of subcontractor threatened claimant. Upon being informed, employer offered claimant a job to another site with less hours. Error in law not to consider constructive dismissal as indicated by banishment with less hours although he appeared not to have been in the wrong.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of facts |
|
Decision 14833
Full Text of Decision 14833
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
No obligation on employee to attempt to persuade employer who is terminating employment relationship to extend it. If employer sets up a situation where employee has no choice but to quit, that is treated in law as constructive dismissal. Crucial fact is not who took initiative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
observations from the Commission |
|
|
| board of referees |
right to be heard |
improper hearing |
|
| board of referees |
weight of statements |
credibility |
|
| board of referees |
jurisdiction |
comments on conduct of hearing |
|
Decision 12518
Full Text of Decision 12518
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
He requested to be laid off as his authority as an Executive was questioned. Nevertheless a motion by the Board of Directors clearly indicates he was terminated. He did not leave voluntarily.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
relations at work |
unhappy atmosphere |
|
Decision 11587
Full Text of Decision 11587
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Summary:
Claimant was asked to resign. When he refused he was told that if he did not resign he would be released and to think about it. It can hardly be found that claimant voluntarily left as alleged.
