Summary of Issue: Leave Or Holidays

Decision A0457.10 Full Text of Decision A0457.10

The claimant signed an employment contract stipulating that he would be entitled to three weeks of paid holidays upon completing one year of service. A few months later, he requested vacation leave. His request was denied in part because the claimant did not complete one year of service. The record suggests that the claimant informed his employer that he would not report to work for the days in question, regardless of the fact that his leave request had been denied. The employer informed him that he had abandoned his employment. According to the FCA, the Commission clearly found that the event triggering the loss of employment was the voluntary act of insisting on taking days off without the consent of the employer.

Decision 74888 Full Text of Decision 74888

The claimant voluntarily left her employment as she was travelling to Australia and New Zealand on a work-holiday visa and planned to be away for two years. She returned unexpectedly to care for her brother who was diagnosed with Cancer. When she returned from her trip, she applied for benefits but the Commission refused on the ground she did not have just cause to leave her employment to travel abroad even on a work permit. The appeal by the Commission is allowed by the Umpire.

Decision A0296.08 Full Text of Decision A0296.08

In this case, the Commission held that the claimant had voluntarily left his employment without just cause. The Umpire reversed the decision of the BOR which had confirmed the decision of the Commission. The claimant had voluntarily left his employment to close his house for the winter and had not returned to work for two months. The FCA determined that the Umpire had failded to consider keys elements of the case and reiterated that the case law has consistently held that individuals who leave and, as a consequence, lose their employment cannot expect to receive employment insurance benefits.

Decision 67401 Full Text of Decision 67401

The evidence before the Board showed that the claimant knew that her vacation had not been approved; yet she chose not to comply with the requirements of her employment that she report for work as scheduled. A reasonable alternative would have the claimant making changes to her vacation plans, especially when she knew several months before that her vacation had not been approved. See also CUB 67400, same case but employer appeal allowed.

Decision 65347 Full Text of Decision 65347

After being refused leave, the claimant quit his job to attend his sister's wedding in India. The Umpire had no doubt the claimant felt he had to attend the wedding of his sister, but concluded he was not justified in law to leave employment to attend a wedding. Good cause does not replace just cause, and the claimant was not justified in triggering his unemployment.

Decision 28881 Full Text of Decision 28881

Claimant was denied leave of absence to go house hunting and prepare for her pending relocation (to follow husband, an R.C.M.P. officer), but could have been allowed for the week after. Husband had already purchased 3 non-refundable airline tickets for which he had paid $1,200.

Decision 26046 Full Text of Decision 26046

Refer to: A-0691.94

Decision A-0691.94 Full Text of Decision A-0691.94

End of contract: 28-8-92; left on 14-8-92 to take 2 weeks holiday with her family; disqualified for 8 weeks. Given that subsection 28(4) was in effect on 8-92 and a consistent precedent from our Court, the Board was justified in deciding that she had voluntarily terminated her employment without justification.

Decision 24906 Full Text of Decision 24906

The employer had promised claimant he could attend the baseball tournament. He had to change his mind because an employee who was scheduled to return from vacation did not, leaving the employer in the position where he had to insist that claimant work on the long weekend. Claimant quit.

Decision 13172 Full Text of Decision 13172

His reason for doing so (leaving employment) i.e. in order to take a holiday, may constitute a good personal reason but it does not meet the standard of just cause. Disqualification of 1 week upheld.

Decision 11818 Full Text of Decision 11818

Work schedule set in 1-85 provided for vacation shutdown in August. Claimant arranged for a trip and paid $400 with no refund after April. Advised in May that vacation shutdown cancelled. Reasons for leaving were personal. Compare loss of $400 with a loss of job.