Decision 70104
Full Text of Decision 70104
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| Issue: |
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Upon receipt of a second speeding ticket which was considered a serious safety violation by the employer, a bus operator faced several options - he chose resignation. The claimant invokes subsection 29(c)(iv) contending that working conditions constituted a danger because of the risk to himself and the public for the reason that he lacked the ability to drive properly. That subsection refers to dangerous working conditions imposed upon a claimant by an employer. It does not refer to dangerous conditions created by the claimant.
other summary
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| voluntarily leaving employment |
applicability |
mutual decision |
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| voluntarily leaving employment |
just cause |
undue pressure to quit |
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Decision A0594.06
Full Text of Decision A0594.06
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| Issue: |
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The claimant quit his job without discussing with the employer the work conditions alleged to be dangerous and without exploring with his employer the possibility that the nature or conditions of the work could be modified to respond to his concerns. There is nothing on the file to support a conclusion that the voluntary leaving was the only reasonable solution in this case. The Court said the Umpire erred in not correcting the Board's error in law, its failure to consider whether quitting was the only reasonable alternative, an essential condition of subparagraph 29(c)(iv) of the Act. The Court took into account past decisions: Horlsen (A-517-94), Astonomo (A-141-97) and Johnson (A-296-03).
Decision 30695A
Full Text of Decision 30695A
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Claimant voluntarily left his employment alleging receipt of death threats from the public were a danger to his health. No evidence of threats produced, no police reports filed. Par. 28(4)(d) cannot entitle claimant as alleged threats not a constitutive part of claimant working conditions.
Decision A-0584.95
Full Text of Decision A-0584.95
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Quit as a cook alleging that he was forced to do dangerous knife work while socializing with customers. It created a physical danger to his health and safety and was a change in the original job description. Umpire ruled that while there was some danger in using the knives, it was not a danger to health and safety within the meaning of s. 28(4)d) nor was it a significant change in work duties within the meaning of clause i). This was part of the job, he accepted and it was not an unreasonnable job requirement constituting just cause for voluntarily leaving. FCA maintained Umpire's decision.
other summary
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| voluntarily leaving employment |
working conditions |
change |
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Decision 35404
Full Text of Decision 35404
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| voluntarily leaving employment |
working conditions |
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Summary:
Claimant worked for employer almost 5 years under same working conditions. Surely he had sufficient time to find other employment before quitting a job paying $17.50/h. Also, after being told by employer that his concerns were going to be rectified, he should have returned to work to verify so.
Decision 29664
Full Text of Decision 29664
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Claimant unable to cope with stress quit her job invoking par. 28(4)(d) of the Act. Held that it was erroneous to interpret paragraph subjectively. The conditions referred to must be conditions which would be injurious or unsafe for anyone exposed to them.
Decision 27363
Full Text of Decision 27363
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| voluntarily leaving employment |
working conditions |
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Summary:
An employee who recognizes unsafe working conditions must take steps to try to remedy them. Safety is not a trivial issue and if there is a genuine safety concern. Discussion with another (than foreman) management representative or perhaps with Government of Alberta inspectors would be called for.
Decision 26604
Full Text of Decision 26604
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| voluntarily leaving employment |
working conditions |
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Summary:
I have no reason to doubt that working with asbestos could constitute a health risk. The employer took all necessary health and safety precautions. No evidence that claimant addressed his concerns to the employer or to the Ministry of Labour. He knew of the associated risks when taking on the job.
Decision 26602
Full Text of Decision 26602
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Although unsafe working conditions could amount to just cause for leaving, the jurisprudence is clear that the claimant must first seek some sort of remedial action. In the case at bar, the claimant did not alert the Ministry of Labour or address his concerns to his employer.
Decision 23101
Full Text of Decision 23101
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Refer to: A-0640.93
other summary
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision A-0640.93
Full Text of Decision A-0640.93
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
In determining whether medical reasons constituted just cause for leaving, the Umpire applied a subjective test rather than an objective one and reached a conclusion favourable to the claimant in the absence of any objective evidence. This is an error that warrants the intervention of this Court.
other summary
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| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 25574
Full Text of Decision 25574
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The safety concerns (climbing 160 feet towers) described by claimant do not amount to just cause unless it can be shown that, having regard to the circumstances, he took the steps required to attempt to resolve the problem prior to quitting. No attempt of any sort was made to alleviate his concerns.
other summary
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| board of referees |
right to be heard |
language to be used |
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Decision 23802
Full Text of Decision 23802
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Onus on claimant to prove the existence of the danger and attempt to remedy the situation. This is often achieved by providing the employer with a medical certificate supporting the employee's allegations and attempting to reach an agreement with the employer to accommodate the health concerns.
Decision 20628
Full Text of Decision 20628
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The Board should have applied the prescribed test of whether what claimant did in the circumstances with which he was confronted was what a reasonably prudent person in similar circumstances would have done, that is, quit the employment which he felt was endangering his health.
Decision 19777
Full Text of Decision 19777
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
In the absence of some reasonable objective standard, one's belief that conditions are unsafe, however genuine that belief may be, does not establish that as a fact unless that belief be accepted by others. It is not shown here that his genuine belief was a reasonable one.
Although it may have been open to the safety representatives of the union at the site where the complaint was lodged, as well as the claimant himself, to go to the Ministry of Labour, it is the claimant who must prove that he had just cause for leaving his employment.
Decision 18420
Full Text of Decision 18420
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The claimant has offered only his word that the vehicles were unsafe, and this is disputed by the employer. When a claimant alleges unsafe conditions at the employment, there must be ample evidence to support the contention (CUB 6746).
Decision 17548
Full Text of Decision 17548
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The test to apply is first determine if conditions were in fact so unsatisfactory as to give rise to a genuine grievance. Then did claimant in fact take some steps to rectify the conditions. If so were they sufficiently reasonable so as to provide just cause for leaving.
Foreman who brought unsafe conditions to company's attention. Government inspector said he could have exercised his option under the Ontario Act or contacted union. The Board held he should have proceeded under the Occupational Health and Safety Act. This is too strict a test.
Decision 15062
Full Text of Decision 15062
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
The preponderance of evidence indicates that the insured person was justified in leaving because of the lack of safety offered by the truck he was driving and the fact that no repairs had been made despite many requests.
other summary
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| voluntarily leaving employment |
legislation |
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Decision 14199
Full Text of Decision 14199
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Left after 1 week. Was in charge of cooking. Accident occurred and was burnt by grease. Not too severe. Previously witnessed at other premises extremely severe burning and was traumatized by incident. Disqualification reduced from 3 to 1 week.
Decision 14002
Full Text of Decision 14002
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Evidence of unsafe working conditions (asbestos) impressive. Just cause shown if he had given his employer, union and government time to correct problems and they had failed. Others did not quit. However, I find this fear to be an extremely valid reason. 1-week disqualification.
Decision 13415
Full Text of Decision 13415
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Where a claimant alleges that unsafe working conditions give rise to just cause, the burden is upon him to prove not only that unsafe working conditions exist but that these conditions are the ones which gave rise to his voluntary departure.
The question is not to determine whether general working conditions at any given plant are unsafe but only to determine if there exist specific conditions relating to a claimant's job which would justify him leaving out of concern for his health or safety.
Decision 12623
Full Text of Decision 12623
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Filed complaint with CSST. Truly believed that after fire that broke out he was compelled to give ultimatum. His sincerity such that disqualification reduced to one week.
Decision 12506
Full Text of Decision 12506
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| Issue: |
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Even if claimant proved that working conditions were unpleasant or dangerous, it was expected of him that he try to have the situation corrected and failing that, seek other work.
Decision 11939
Full Text of Decision 11939
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
It is argued that just cause exists if, due to mental state, claimant honestly believed there was a problem of safety. I do not accept that it may be interpreted subjectively to accept this. Reasonableness to be measured by objective standard. Extenuating circumstances present.
other summary
| Other Issue(s): |
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| voluntarily leaving employment |
applicability |
employment |
last |
Decision 11319
Full Text of Decision 11319
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
For a receptionist who is in close proximity to an intruder who comes in and fires a shotgun at the doctor for whom she is working, these are more than just extenuating circumstances. Emotionally upset and extremely disturbed. Disqualification reduced from 3 to 1 week.
Decision 11049
Full Text of Decision 11049
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
No complaint received by mine safety inspector. While I have no reason to doubt that claimant may have had concerns about his safety, no evidence that conditions were in fact unsafe and the Board did not err and correctly reduced the disqualification to4 weeks.
Decision 10656
Full Text of Decision 10656
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| Issue: |
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| voluntarily leaving employment |
working conditions |
dangerous |
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Summary:
Construction worker who says he quit because of his concerns about safety. There is nothing to indicate that he made any complaints directly to his employer nor did he make any complaint to public authorities such as the Deptartment of Labour.
