Summary of Issue: Armed Forces

Decision 75161 Full Text of Decision 75161

The claimant is a Canadian citizen who lives in the United States, but is not allowed to work in that country. She was denied her benefits because she failed to prove that she was available for work within the meaning of section 18 of the E.I. Act. The claimant’s husband was chosen to be a Canadian representative at the U.S. Army Command and General Staff College at Fort Leavenworth, Kansas. The Canadian Department of National Defence had signed an agreement with the American government stipulating that "IMSs or their alien family members are not permitted to seek or accept employment during their stay in the United States". The claimant’s appeal is dismissed by the Umpire.

Decision 68896 Full Text of Decision 68896

An unwanted transfer is not just cause for leaving an employment. There is a grievance system in place for such complaints. A military member does not initiate his own unemployment for such a reason. If the member should do so, he or she does not qualify for Employment Insurance benefits.

Decision 40765 Full Text of Decision 40765

In the space of a few days, he was transferred to Borden, to Ottawa and to Petawawa. His family refused to follow him to Petawawa, and he therefore requested voluntary retirement. Umpire found that the claimant no doubt had good personal reasons for quitting, but a “reason” or “motive” is not synonymous with just cause.

Decision 27441 Full Text of Decision 27441

There is no question here the claimant initiated the separation from his employment with Canadian Armed Forces. He sought a voluntary release for personal reasons. He ultimately made an unsuccessful attempt to have his release cancelled. Just cause not shown.

Decision 26603 Full Text of Decision 26603

Although it may be reasonable not to desire to move from an area where one has purchased a house, I find it difficult to see this as just cause. Military service often involves moving to accept postings and by failing to continue his military service, he placed himself in a position of unemployment.

Decision 26595 Full Text of Decision 26595

Claimant disqualified for the entire benefit period for having left his employment with the Armed Forces. His request for release was a hasty decision and he asked to rescind his resignation. His request was denied and he then filed a grievance. There is no question that he left voluntarily.

Decision A-0049.94 Full Text of Decision A-0049.94

In CUB 8538 I held that failure to re-enlist in the Armed Forces after 5 years was not leaving without just cause. There is nothing in the legislation to make any distinction between this and renewal of an expired contract of civilian nature, as per Umpire. FC not persuaded that it should intervene.

Decision 23828 Full Text of Decision 23828

Refer to: A-0049.94

Decision 19742A Full Text of Decision 19742A

Claimant left upon being forced to accept a transfer and being unable to claim family moving expenses because the Armed Forces did not recognize common-law relationships for that purpose. The employment contract made it clear that relocation was a requirement of the employment, said the Board.

Decision 22574 Full Text of Decision 22574

Claimant left his employment with the Armed Forces for educational purposes and agreed that he should not be entitled to UI benefits based on this reason.

Decision 11625 Full Text of Decision 11625

Joined army at age of 17, and after 4 1/2 years wanted new direction and would like to continue education. 6 week disqualification reduced to 2.