Summary of Issue: Tantamount To Leaving

Decision A-0562.04 Full Text of Decision A-0562.04

The FCA ruled that the Umpire and the BOR had erred by focusing the issue on whether the employer or the claimant had taken the initiative in breaching the employment contract. An employee who, like the claimant, informs her employer that she is less available than before because of her studies is inviting the employer to terminate the employment contract. 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.

Decision 64050 Full Text of Decision 64050

If the claimant felt he was unfairly suspended, he should have pursued a remedy under the appropriate labour legislation. Refusing to resume an employment constitutes voluntary leaving under the Employment Insurance Act.

Decision 50079 Full Text of Decision 50079

Claimant was on a recall list and refused to accept a recall on several occasions. Claimant was willing to return to work only if a letter of reprimand was removed from his file. Claimant's refusal to resume his employment constituted voluntary leaving and he has not shown just cause for doing so.

Decision 24311 Full Text of Decision 24311

The Board found the claimant, by his attitude (inviting his employer to lay him off), contributed to the expectation that he would be laid off and, within this meaning, claimant was found to have voluntarily left his job. Held that the Board's decision in this respect should not be disturbed.

Decision 24194 Full Text of Decision 24194

Claimant insisted on having a day off which the employer was not prepared to allow, and was terminated the day after. The Board had an obligation to consider whether there was a misunderstanding. Was it reasonable for claimant to conclude that the employer was acquiescing to his not being at work?

Decision 21536 Full Text of Decision 21536

Dismissed because he had told the employer that he could not work the required shifts which was made up of 4 nights and 1 day; this interfered with his home life. The Commission determined that this was tantamount to voluntary leaving. Upheld by the Board and the Umpire.

Decision 17867 Full Text of Decision 17867

Government worker who, upon being nominated as a candidate for the forthcoming Federal election, was required to take leave of absence. This amounts to a voluntary separation. In view of the high-minded purpose of the reason for the leave, disqualification reduced to 2 weeks.

Decision 15931 Full Text of Decision 15931

Refused to come to scheduled meeting at work relating to certain projects and to report for work the next day. Evidence overwhelming that he left, or dismissal but a voluntary leaving in disguise. Disqualification reduced to 3 weeks due to strong-held feelings about his work.

Decision 15495 Full Text of Decision 15495

Claimant employed as appliance repair apprentice and was expected to provide his tools. Termination occurred when he advised his employer his tools were lost. Decision for voluntary leaving due to his being responsible for the loss of his employment upheld. Reduced to 2 weeks.

Decision 13936 Full Text of Decision 13936

Day worker replaced when refused to work some evenings and Sundays. Although claimant was laid off, the jurisprudence is clear that when a claimant precipitates by her voluntary conduct the termination of her employment she falls under s.41 as voluntarily leaving employment.

Decision 13448 Full Text of Decision 13448

Discussion with employer became heated and the insured put on her coat and left; employer then told her not to come back. Board concluded she left voluntarily. No error of law.

Decision 12504 Full Text of Decision 12504

The Board concluded that the employer had the legal right to demand payment of the monies and in refusing to make such payment claimant had exercised his choice to run the risk of dismissal with justification. He therefore left. No error.

Decision 10991 Full Text of Decision 10991

After numerous absences, claimant warned next case of unauthorized absence will result in dismissal. Absented himself 1 day a week after and did not return. Unreasonable to assume he would be dismissed but only if absence unexcused. I agree this is voluntary leaving.

Decision 10779 Full Text of Decision 10779

Court ordered reinstatement and insured refused to go back to work; issue dealt with as voluntairly leaving and disqualification reduced to 1 week from 4.