Decision A0369.12
Full Text of Decision A0369.12
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
On November 27, 2010, the claimant left her employment with Stitch-It in order to take a training course and upgrade her skills. She also found the hours irregular and was concerned about a discrepancy that she had identified in the till. On January 4, 2011, she found alternate employment where she worked until May 31, 2011, when she lost her job. The Commission found that, because the claimant had left her position with Stitch-It voluntarily and without just cause, it could not include the 323 hours that she had worked there during her qualifying period as hours of insurable employment for the purposes of calculating her benefit rate and her benefit entitlement. This resulted in a lower benefit rate and fewer weeks of benefits than the claimant had expected. The FCA found Ms. Lakic’s argument for leaving her employment insufficient to intervene with the decision.
Decision 76396
Full Text of Decision 76396
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily left his employment to begin a forestry course. He then left that course in November, 2009 either because of illness or because he failed an exam. The Band approved his attendance at the course and paid for it, but did not have authority to approve his leaving employment. The Commission counsellor had approved only the funds for equipment. The claimant stated he was not looking for support as he was being funded through his Native Band while attending school. It has been well established in the jurisprudence that leaving one’s employment to go to school does not constitute just cause for doing so. The claimant says he is being disqualified for Benefits due to an error by an employee of the Commission. The appeal by the claimant is dismissed.
Decision A0270.10
Full Text of Decision A0270.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily left her employment to pursue apprenticeship training. The BOR found that the claimant had left her employment wiyh just cause because her hours had been reduced from 40 to 30 hours per week. The FCA held that the Umpire erred in upholding the BOR's conclusion. Further, the BOR erred in law by focussing on whether the reduction in wages was a significant modification without also considering whether the claimant had a reasonable alternative to leaving her employment. The FCA was also «troubled» by the BOR's conclusion that the claimant left her employment because of a reduction in work hours, rather than to pursue a training program.
Decision A0096.10
Full Text of Decision A0096.10
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Commission denied EI benefits to the claimant because he had left his employment to complete training. The FCA stated that the applicable test for determining whether an individual has just cause under s. 29 of the EIA is whether, having regard to all the circumstances, the claimant has no reasonable alternative to leaving the employment. The FCA concluded by reiterating that voluntarily leaving one's employment to undertake studies does not constitute just cause.
Decision 74622
Full Text of Decision 74622
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant had been employed by on a part-time basis, when he left on his own initiative to take a training course for full-time employment. It was not an authorized move. Moreover, the offer of a job is a conditional one in that he had to successfully complete the course in order to get the job, therefore it was not a guaranteed offer of employment. Accordingly, he did not have just cause for leaving and the Board of Referees erred in concluding that he did. The claimant's appeal to the Board is dismissed and the Commission's decisions are upheld by the Umpire.
Decision 74410
Full Text of Decision 74410
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant left her employment in order to take a course which was sponsored by the province of NS in English as a second language. The course was for two months and then there was two months practical training thereafter. She finished the course and applied for benefits but was denied. The claimant had been working at a day care centre and needed to take the course. The Commission in its appeal points out that the claimant did not have reasonable alternative of employment when she left the day care. The claimant became unemployed because she wanted to take the course. The Act requires that the claimant must show that she had assurance of a job in the immediate future before she left her employment. That was not the situation that was presented to them. The appeal by the Commission is allowed.
Decision 73819
Full Text of Decision 73819
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant voluntarily quit her employment in BC to move to Toronto because her son had decided to attend a university in Toronto. She indicated that her son was having a difficult time living by himself in a new city, and was having a hard time maintaining employment while going to school. She and her husband therefore decided to move to support and assist their son as this is common in their culture. It is well established in the jurisprudence that a person who leaves his or her employment for the purpose of attending school has not established just cause for doing, pursuant to the Act and concluded that this principle would apply to a parent who quits his or her employment for the purpose of assisting a child to attend university. The claimant's appeal is dismissed
Decision 72159
Full Text of Decision 72159
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant was an immigrant and had a study permit. The claimant quit her job because she was taking a financial planning course. Her work permit expired as of August 31, 2007. She advised her employer that she was returning to school. The jurisprudence has shown that a person who voluntarily leaves their employment must show that they had just cause as the burden is on them unless they can show that they had no reasonable alternative and they must also show that they have availability while attending the course. On the issue of availability, it is clear that the claimant when taking a full time course of study is not available for work unless she shows that she complies with s. 18 of the Act. The Commission's appeal is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
employment left |
|
Decision 71123
Full Text of Decision 71123
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant left his employment with a systems company to accept employment with "police services". He later provided a letter confirming that he had a promise of employment from the "police services". This letter also indicated that the offer of employment was conditional on the claimant completing a course at the "School Training for Police". Unfortunately, the claimant failed a part of his course and his attendance at the program was terminated. He therefore could not obtain the employment he expected to get. It is well established in the jurisprudence that one cannot establish that he has a reasonable assurance of employment in the immediate future if such employment is conditional on the completion of a course (A-249-01 and A-562-04). The appeal is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Decision A0465.07
Full Text of Decision A0465.07
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
It suffices to recall the jurisprudence that our Court has applied in similar cases. In A-1691-02(Martel), the Court said: "An employee who voluntarily leaves his employment to take a training course which is not authorized by the Commission certainly has an excellent reason for doing so in personal terms; but we feel it is contrary to the very principles underlying the unemployment insurance system for that employee to be able to impose the economic burden of his decision on contributors to the fund." The Court went on to say that the jurisprudence that followed has not deviated: A-492-94 (Traynor), A-037-96 (Barnett), A-031-00 (Bois), A-54-01 (Wall), A-41-02 (Shaw), A-249-01 (Lessard), A-46-02 (Connell), A-20-03(Bédard) and A-322-06(Caron).
Decision A0322.06
Full Text of Decision A0322.06
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The outcome of this case is governed by settled jurisprudence to the effect that a return to school, including a training course, is not just cause for leaving an employment within the meaning of sections 29 and 30 of the EIA. Furthermore, CUB 53009, which was the basis of the Umpire's determination in this case (CUB 66039), was set aside by this Court (Connell, A-46-02).
Decision A-0562.04
Full Text of Decision A-0562.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
By informing her employer that she is less available than before because of her studies, the claimant is inviting the employer to terminate the employment contract if it cannot accommodate her reduced availability. It is therefore a case of voluntary separation, since the dismissal is merely the logical outcome of the claimant's deliberate act of pursuing studies under conditions that prevent her from being available.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to leaving |
|
Decision 67321
Full Text of Decision 67321
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Skills Development Program is intended to place claimants in a course of instruction or training program that will help them obtain employment once they are finished. It is not meant for people who already have jobs and are simply taking the course in order to procure their own advancement in the company. If the claimant's employer was having problems because the claimant did not have his Red Seal certification as a journeyman plumber, then it was up to the employer to assist him in that regard. The Umpire upheld the Commission's decisions that the claimant did not have just cause for voluntarily leaving and was not available for work.
Decision 65721
Full Text of Decision 65721
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The uncontested evidence in this case established that the claimant had voluntarily left his employment for the purpose of preparing for his examinations to become a veterinarian in Canada by studying and doing practical work. The Umpire stated that this is tantamount to leaving employment to undertake a course of instructions and that, as leaving one's employment to undertake an education program, this does not constitute just cause.
Decision A-0566.04
Full Text of Decision A-0566.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant took authorized leave to resume his education. He held two part-time jobs during the summer preceding his return to school. The Court determined that a guaranteed part-time job is not the type of employment which, pursuant to paragraph 29c)(vi), would justify a claimant to take leave from his employment to return to school.
Decision A-0552.03
Full Text of Decision A-0552.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court finds that the case law is both clear and consistent: voluntarily leaving employment to return to school, except for courses authorized by the Commission, disqualifies the claimant from receiving employment insurance benefits under sections 29 and 30 of the Unemployment Insurance Act.
Decision A-0506.04
Full Text of Decision A-0506.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant had left his job to take a course at the invitation of the "Commission de la construction du Québec" (Quebec construction commission). The Court found that the claimant had not met any of the conditions set out in subsection 29(c)(VI) of the EIA, he did not have reasonable assurance of another job in the immediate future.
Decision 56366
Full Text of Decision 56366
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0145.03
Decision 61644
Full Text of Decision 61644
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0566.04
Decision A-0145.03
Full Text of Decision A-0145.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant took a leave of absence from her part-time employment in order to pursue her studies. The Court agreed with the Commission that both the BOR and the Umpire erred in failing to consider the reason why the claimant left her employment and to deal with the reasonable alternatives aspect of the case.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
attending classes |
|
Decision A-0020.03
Full Text of Decision A-0020.03
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court reiterates that there is consistent jurisprudence to the effect that quitting an employment to take a course does not constitute just cause within the meaning of the Act.
Decision 58660
Full Text of Decision 58660
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FCA A-0552.03
Decision A-0046.02
Full Text of Decision A-0046.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Court concluded that leaving employment to further one's education, while good cause, is not just cause within the meaning of sections 29 and 30 of the Employment Insurance Act.
Decision A-0076.02
Full Text of Decision A-0076.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The court stated that leaving voluntarily an employment to take a training course is not just cause within the meaning of the EI Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
| voluntarily leaving employment |
applicability |
employment |
|
Decision A-0249.01
Full Text of Decision A-0249.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The claimant left his employment to complete a thirteen week training course in policing techniques. At the end of the course he was hired as a police officer. The Board of Referees ruled that the claimant had just cause to leave his employment since he had reasonable assurance of another employment within a reasonable time. The Federal Court of Appeal emphasized that subparagraph 29(c)(vi) assumes three things: reasonable assurance, another employment and the immediate future. The Court determined that the Board of Referees committed an error in law in confusing "a reasonable time" and "the immediate future." The Court doubts that there can be reasonable assurance of another employment when obtaining the employment is conditional on completion of a thirteen week course which has not yet been started. The Court finds that such employment does not constitute employment in the immediate future.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
|
|
Decision 55776
Full Text of Decision 55776
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to summary indexed under FAC A-0020.03
Decision A-0041.02
Full Text of Decision A-0041.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left his job to commence an 8 week training course. Prior to leaving his employment, the claimant made arrangements for alternate employment effective upon completing this training course. The FCA held that to quit one's job to attend school is not considered just cause under the Act and the jurisprudence. Nor was there a "reasonable assurance" of a new job, as defined in the Act, given the conditional nature of the offer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| voluntarily leaving employment |
new employment |
not definite |
|
Decision A-0054.01
Full Text of Decision A-0054.01
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit her job in Labrador to follow a course. The BOR, taking into consideration the socio-economic situation in Labrador, found that the claimant had no alternative than to quit her job if she wanted to improve her future. The Umpire refused to substitute his opinion for that of the BOR. In a short judgment, the Court has reaffirmed the well-established principle that leaving a job for the purpose of education does not qualify as "just cause" for leaving and allowed the Commission's application.
Decision A-0030.00
Full Text of Decision A-0030.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Referring to a number of decisions rendered by it, the Federal Court of Appeal reiterated the principle that voluntarily leaving one's job to attend a course of instruction that is not authorized by the Commission does not constitute just cause within the meaning of the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision A-0031.00
Full Text of Decision A-0031.00
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Umpire could not ignore the consistent FCA case law to the effect that claimants who voluntarily leave their employment to go back to school do not have "just cause" within the meaning of sections 29 and 30 of the EIA. Claimants cannot make the Employment Insurance Fund support the economic weight of their decisions. References made to FCA decisions in West (A-0349.95), Stevens (A-0599.95), Furey (A-0819.95) and Barnett (A-0037.96), among others.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
applicability |
necessary conditions |
|
Decision A-0775.99
Full Text of Decision A-0775.99
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Umpire could not ignore the consistent FCA case law to the effect that claimants who voluntarily leave their employment to go back to school do not have "just cause" within the meaning of sections 29 and 30 of the EIA. Claimants cannot make the Employment Insurance Fund support the economic weight of their decisions. References made to FCA decisions in West (A-0349.95), Stevens (A-0599.95), Furey (A-0819.95) and Barnett (A-0037.96), among others.
Decision 48985A
Full Text of Decision 48985A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-249.01
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
|
|
Decision 50652
Full Text of Decision 50652
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left his employment to pursue a training program. Ruled not just cause by the Commission. Umpire used the following criteria, i.e. employment status when the course is undertaken, the permanency and stability of the claimant's employment, the nature of the training program, whether the program is an approved program and the availability of the claimant to work during the training program and found no justification. Claimant's appeal dismissed.
Decision 50352
Full Text of Decision 50352
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit job in N.S. to attend Concordia University in Montreal, which is the only institution in Canada offering the course which she wanted to follow. Held by Umpire that leaving employment to follow a course has always been said to be a purely personal decision and does not constitute just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 50231
Full Text of Decision 50231
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0054.01
Decision 49547
Full Text of Decision 49547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant had been working while completing his high school and attended the first year at the College of the North Atlantic in Labrador West. However, the last two years had to be taken in St. John's. He stated he had no other choice but to quit his job as he was going to attend in St. John's to continue his course. Umpire ruled that it was the claimant's choice to continue his education and that it did not give him the right to obtain compensation for having made that choice.
Decision 47940
Full Text of Decision 47940
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant was working as a bar tender when his father, who had run a barber shop for many years, died. Agreement amongst the family that if claimant became a barber he would have the equipment and the stand. Claimant quit his job and took a barbering course. The BOR stated that the claimant had reasonable assurance of another employment in the immediate future and that he had quit with just cause. Error in law ruled the Umpire. The claimant's action was immediate but the employment itself required the wait of a period of 24 weeks during the training.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 47599
Full Text of Decision 47599
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
In the summer of 1997, claimant's wife gave him an ultimatum that if the relationship was to continue he would need to work around home instead of up North. He left before Christmas 1997 to return home to go to school and he did not request leave before leaving. Claimant decided not to return to work, alleging the necessity to follow a spouse and also take a course of study. Disqualification imposed for having left his employment without just cause. Decision upheld by Umpire. Claimant initially took the position while fully aware that it would mean living away from his wife. It cannot retroactively be good cause for him to leave in order to relocate with her without showing he had no other alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 46923
Full Text of Decision 46923
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
In March 1999, the claimant left his employment in Jonquière to move to Quebec City in order to do a training period that would complete the course that he had been taking since 1996. This training period was not available elsewhere and the claimant had no control over the choice of location. The Umpire confirmed that there is abundant jurisprudence to the effect that voluntarily leaving in such circumstances does not constitute just cause. Reference made to FCA decisions in Stevens (A-0599.95), West (A-0349.95), Furey (A-0819.95) and Racine (A-0694.96).
Decision 46744
Full Text of Decision 46744
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Left his employment to do a training period with the Institut de police du Québec. Claimant alleges that he had no alternative to quitting if he wanted to complete his CEGEP course in police procedures. Commission decided he left his employment without just cause, but this decision was reversed by BOR. Error in law according to Umpire and Commission appeal allowed. Reference made to FCA decisions in Martel (A-1691.92), West (A-0349.95) and Stevens (A-0599.95).
Decision 43829A
Full Text of Decision 43829A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary under FCA A-0030.00
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
Decision 46919
Full Text of Decision 46919
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0031.00
Decision 46420
Full Text of Decision 46420
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
See summary indexed under FCA A-0775.99
Decision 43184
Full Text of Decision 43184
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant cannot expect to receive public monies while preparing to change his lifestyle by returning to school. This is not considered just cause under the Act.
Decision 42723
Full Text of Decision 42723
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Clmt quit her job to better herself with further studies. When her student loan was refused, she could not go back to her previous job because it had already been filled. Umpire ruled that clmt made a personal decision to terminate her employment to return to school. A prudent person whould have waited until the financial arrangements were confirmed before leaving her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
hasty leaving |
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Decision 42097
Full Text of Decision 42097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Claimant left his job to attend technical school to further his education and to enhance the possibility of him receiving a better job. There is abundant jurisprudence which indicates that a person cannot leave a position to return to school and receive benefits, unless this is a course which receives the approval fo the Commission which was not the case here.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
|
| availability for work |
courses |
purpose of the legislation |
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Decision 41404
Full Text of Decision 41404
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Citing numerous decisions of the FCA, Umpire found that the EI Act is not designed to pay for the education of a person who leaves a steady position to attend school.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
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Decision 40584
Full Text of Decision 40584
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Leaving employment to return to school is, in the absence to the contrary voluntarily leaving. Voluntarily leaving to pursue education is to be commended. It is a voluntary leaving for good reason or with a laudable motive but court decisions make it clear that unless the course is sponsored by the Comission, it is not a leaving of employment for just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
disentitlement not automatic |
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| availability for work |
courses |
presumption |
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| availability for work |
courses |
onus of proof |
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Decision A-0694.96
Full Text of Decision A-0694.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Claimant on leave authorized by his employer in order to complete two university courses. Considered ineligible for the entire leave period. Disentitlement upheld by the BOR but reduced on the basis of evidence provided by the claimant at the hearing. Commission appealed to the Umpire because the claimant had not resumed the former employment. The Umpire determined that his leaving was justified and cancelled the disentitlement. The FCA reinstated the disentitlement and said it was wrong for the Umpire to find that the claimant had just cause in leaving his employment to pursue his studies. **NOTE: Ambiguity identified by the FCA in relation to the expression "resumes employment" in paragraph 28.2(2)(a); corrected in the new Employment Insurance Act (paragraph 32(2)(a) [formerly 28.2(2)(a)].
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
leave of absence granted |
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Decision 36882
Full Text of Decision 36882
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
While his personal reasons for quitting may perhaps have been valid and certainly his desire to try to create a new career for himself by returning to school is commendable, this does not constitute "just cause" under the Act.
Decision A-0037.96
Full Text of Decision A-0037.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Claimant quit job to attend University. Because the claimant had left his employment only after a great deal of planning and that his plans to attend school -- through no fault of his own -- fell through, Umpire stated that the situation in which the claimant found himself was akin to leaving employment with the reasonable assurance of other employment in the immediate future and dismissed the Commission's appeal.**Referring to its decision in Furey (A-819-95), the FCA reiterated that the circumstances which existed at the time the claimant left his job are those which are relevant.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
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Decision 34308
Full Text of Decision 34308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Left a p/t job in order to meet course requirements after establishing a pattern of studying and working at the same time. Distinction made between one who leaves work to enrol in college and one who is already enroled and gives up a job held simultaneously because of a conflict of hours.
Decision 34062
Full Text of Decision 34062
summary
| Issue: |
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| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Claimant employed under a Summer Employment Experience Development (SEED) grant. For employer to be eligible to the grant, claimant had to be registered in f/t studies during preceding academic year with intent to return to studies f/t in the following year. As per 28(4), no reasonable aternative.
Decision A-0819.95
Full Text of Decision A-0819.95
summary
| Issue: |
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Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Referring to G. Stevens (A-599-95), the FCA reinforced the principle that voluntarily leaving one's employment to return to school does not constitute just cause for running the risk of unemployment. It is irrelevant that the conditions later evolved and that her course became unavailable. It is the circumstances that existed at the time of quitting that determine whether she had just cause when she left her job.
Decision A-0599.95
Full Text of Decision A-0599.95
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left job to attend medical school. However, admission deferred for 1 year. FCA reiterated the principle that leaving a job to go to school is not just cause. The fact that the claimant could not attend the course later cannot create a just cause where none existed when claimant left job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
| voluntarily leaving employment |
just cause |
other employment |
|
Decision A-0349.95
Full Text of Decision A-0349.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant left job to attend university. FCA reiterated that this by itself does not constitute "just cause" within meaning of S.28 (ref. to Martel, A-1691-92). The fact that her university course subsequently became unavailable could not create a "just cause" where none had previously existed.
Decision 30832
Full Text of Decision 30832
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Claimant quit his job to return to school. Claimant thought he would be able to get into school full-time to take his course but the course unfortunately was full. Leaving a job to go to school may be a good personal reason but it is not just cause within the U.I. Act.
Decision 30691
Full Text of Decision 30691
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Summary:
Claimant quit her job to enroll in two courses of instruction; one course cancelled. Umpire found that the claimant was a victim of changed circumstances and that the Board was entitled to look at the facts as they evolved rather than examining them from the date upon which the application was made.**NOTE: The case is being appealed by the Commission to the Federal Court. The Commission is of the opinion that the facts at the time of quitting are those that must be considered and that whatever happens subsequently has no bearing on the substance of the case.
Decision 27094
Full Text of Decision 27094
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to: A-0204.95
Decision A-0204.95
Full Text of Decision A-0204.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Leave of absence to upgrade education denied: claimant left. Umpire found that he had sound reasons to leave job to return to school and that he had made every reasonable efforts to avoid U.I. by obtaining a concrete employment prospect when he finishedschool.
NOTE: The Umpire's decision was appealed by the Commission to the Federal Court. However, the FCA refused to interfere as the matter was moot and that the Umpire's decision was likely to have little precedential value. No further appeal by the Commission.
Decision 29355
Full Text of Decision 29355
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The Board erred. Claimant left her work to return to school believing that she had been accepted as a full-time student. It turned out that even if she had strong indication that she was accepted, she in fact was not. She could not return to her work because her position had already been filled.
Decision 28289
Full Text of Decision 28289
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
This case is different from other "student" cases in that claimant was working while studying and he left when he found he could not do both. He did not leave to enrol in a course, but to continue the course he had begun. The case still falls under the rule of CAMPBELL. The Board erred in law.
Decision 27633
Full Text of Decision 27633
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Attending school in the evening while employed. Claimant decided to quit after being denied leave of absence on two occasions to write his exams. Appeal allowed by Board. In MARTEL, the Court made it clear that pursuing further education is a purely personal decision that is not just cause.
Decision 26039
Full Text of Decision 26039
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Left 9 hours a week non insurable job at a rate of $54. because it paid poorly and she wished to concentrate on her studies. Held that this was employment within the meaning of 28(3). The Board erred in fact and in law in finding that she had just cause to leave.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
employment |
non insurable |
Decision 25584
Full Text of Decision 25584
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The course which he wanted to take was commencing on 15-8. It was perfectly reasonable for him to balance off the possibility of working 1 or 2 more weeks, and then being unemployed and unable to pursue a course. It has never been suggested to me that the course was not eligible for referral.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| courses of instruction or training |
applicability |
retroactive |
|
Decision 25463
Full Text of Decision 25463
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
It is clear from the case law that returning to school is not just cause. While the legislation was amended, the term was not expanded to the point where the UI plan was transformed into a student subsidy programme, said the Umpire. 12-week disqualification, not only 7, to be restored, said the FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| basic concepts |
disqualification |
length |
powers |
Decision 25460
Full Text of Decision 25460
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
One is left with the need to determine whether claimant "had no reasonable alternative to leaving the employment". Clearly he had a choice between going to school or continuing to work. There was no personal pressing necessity on him to undertake the course. He thought it advantageous to do so.
The fact that through circumstances completely beyond his control he later found himself not at school but unemployed and in need of UI does not alter the wisdom of the decision he took in the first place to leave his job. It appears impossible to say now that he had "no reasonable alternative".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Decision 22097
Full Text of Decision 22097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
Refer to: A-1691.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Decision A-1691.92
Full Text of Decision A-1691.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The primary goal of unemployment insurance is therefore to provide compensation for any insured who involuntarily finds himself unemployed, as this risk is unfortunately all too frequent, and not to assist those who by personal choice decide to perfect their training.
One who voluntarily quits her job to follow a training course which is not authorized by the CEIC has an excellent personal reason for doing so. But, we feel it is contrary to the very principles underlying the UI system that she be able to impose the economic burden of her decision on taxpayers.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
meaning of a term |
|
| voluntarily leaving employment |
personal reasons |
courses of study approved |
|
Decision 24912
Full Text of Decision 24912
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
What concerns me is that claimant did not take this course to further his education. He had to take it in order to retain his present position. He probably would not have been dismissed but would have been transferred to another position. Reduction of disqualification period overturned by FC.
Decision 23413
Full Text of Decision 23413
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Summary:
The case law makes it very clear that return to school in itself is not just cause. Distinguishing factor unique here: if claimant did not act when he did, an opportunity would pass by, in circumstances where the remaining employment was limited and the likelihood of unemployment after very high.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
