Decision 76553
Full Text of Decision 76553
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
The claimant left his job because, according to him, he was not given a promotion that had been promised. While the employer acknowledged that the claimant had quit without just cause and denied benefits. The majority Board finds as a fact that the claimant may have good personal reasons for leaving his employment but is not sufficient to establish just cause. The appeal before the Umpire is dismissed.
Decision 76349
Full Text of Decision 76349
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
The claimant left his job because of a shift change. He wanted an increase in pay because of the change which was refused by the employer. The claimant states he left his position because the shift change which would result in additional duties. The employer confirmed the claimant had been offered a shift change with an end time of 8:00 PM rather than 5:00 PM with duties remaining the same but the claimant would be working alone after 3:00 PM. The claimant was offered this change of shift because the claimant had difficulty in coming to work by 9:00 AM and would show up late on a regular basis. The employer could not justify increasing the wage. The Board finds that the claimant voluntarily lost his employment. The appeal by the claimant is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
hasty leaving |
|
Decision A0321.07
Full Text of Decision A0321.07
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
The employer appealed six decisions in which the Umpire confirmed the BOR's decision that claimants had just cause for leaving their employment. The BOR had considered the employer's refusal to improve the poor working conditions and the lack of evidence from the employer that the new wage structure would benefit the employees. The FCA ruled the BOR made findings of fact that were reasonably open to it and within its mandate which could not be interfered with by the umpire. The conclusion that the employer announced a significant unilateral change to the terms and working conditions, regardless of their date of implementation, was sufficient to justify the Board's finding of just cause under section 29(c) (vii) of the Employment Insurance Act. Similar cases: A0320.07, A0322.07, A0323.07, A0324.07 and A0325.07.
Decision a0316.07
Full Text of Decision a0316.07
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
The majority Board members dismissed 5 appeals on the basis that there was not sufficient evidence to determine whether there had a 'significant change' in wages and/or work duties and that there was no real urgency for the claimants to quit their jobs since they had not exhausted all reasonable alternatives. The Umpire overturned the majority decision of the Board on the basis that the majority Board had erred in the weighing of the evidence before it and that the minority decision was reasonable given the evidence. The FCA allowed the employer's appeal on the basis that the Umpire incorrectly analyzed the majority Board decision because she held that they failed to give sufficient weight to the evidence and such a determination is not within the powers of the Umpire.
Similar cases: A0315.07, A0317.07, A.0318.07 and A0319.07.
Decision 68198
Full Text of Decision 68198
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Eleven seamstresses walked off their jobs because of a dispute with the employer over policies regarding wages and working conditions. The employees submitted a written letter to the Commission stating that they felt that they had just cause for quitting because the employer unilaterally modified the original employment terms and conditions of wages and benefits to their detriment . They listed a number of incidents of the employer reducing their wages, eliminating coffee breaks, not receiving overtime. In conclusion the employees stated that the working conditions that had been implemented by the employer since the spring of 2005 had angered and disappointed them. Benefits they had previously received had been replaced by rewards that were not well defined. The employees had asked the employer for an explanation of the changes but they did not receive a response. These repeated policy changes had resulted in the employees having a loss of confidence in management. The employer's appeals were denied - CUBs 69193 to 69198. The claimants' appeals were allowed with Commission concession in CUBs 68188 to 68192.
Decision 55217
Full Text of Decision 55217
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant's starting working hour changed from 9:00 a.m. to 8:00 a.m. Quit her job in July saying that she would have had to quit her employment at the start of the school year to care for her children as there was no one to supervise them until 8:45 a.m. when they were going to school. Found that claimant had not made a suitable effort to work out a temporary solution with her employer and that there was no urgency as the start of the school year was still not imminent.
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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| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 41132
Full Text of Decision 41132
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Act does not require that it be an emergency situation that leads to separation from employment as a result of significant changes in working conditions, but that the changes be significant and that, in the circumstances, leaving be the only reasonable alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
| voluntarily leaving employment |
legislation |
rationale |
|
| board of referees |
rules of construction |
legal presumption |
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Decision 40580
Full Text of Decision 40580
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant was hired with his truck on a monthly basis. The agreement provides that the employer would use the truck for a minimum number of hours each day and it would compensate claimant for overtime use at a higher rate. Problems arose concerning the use of the truck and the employer decided to discontinue its use but would have permitted the claimant to continue his job. Claimant decided to leave. Umpire found that the agreement although informal was nevertheless bending in law. He concluded that the agreement was breached by the employer and that the act on the part of the employer provided the claimant just cause for leaving his employement.
Decision 39752
Full Text of Decision 39752
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
The demand by the employer requiring the claimant to acquire a CB radio to allow the employer to better perform its contract injects a new provision and change to the terms and conditions of employment without the claimant's consent and that alone provides the claimant just cause for leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
|
Decision 36391
Full Text of Decision 36391
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant demoted with hours reduced from full time to 14 hours per week. It was found that rather than dismiss the claimant, the employer had decided to marginalize her position. The claimant had no choice but to quit under the circumstances.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
|
Decision A-0584.95
Full Text of Decision A-0584.95
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
|
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
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
dangerous |
|
Decision 32394
Full Text of Decision 32394
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Beneficiary worked as a supervisor from 7:30 am to 4:30 pm for 5 years. His position was abolished, and he was offered the position of a night operator, with hours from 5:30 pm to 1:30 am. Ruled that the beneficiary's working conditions changed sufficiently to justify his departure.
Decision 31566
Full Text of Decision 31566
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
A work at home arrangement was authorized. Shortly after, arrangement was ended and claimant informed to work full time at the station. Board allowed the claim under 28(4)(i) of the Act. Decision rescinded: evidence does not disclose a change in work duties but rather a change in the place of work.
Decision 26063
Full Text of Decision 26063
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Life insurance agent; left in 8-92. Insufficient sales and the company decided to pay him commission only. It is clear that his work contract provided for the possibility of changing his working conditions at any time, without prior notice. The Board erred in law.
Decision 25998
Full Text of Decision 25998
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employed 16 years as waitress. Was offered cashier work in 12-93 upon closing restaurant in employer's store, with reduced hours, considerable change in schedule and no tips. These constitute major changes in employment. Just cause was proven in light of the change in duties.
Decision 25483
Full Text of Decision 25483
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Left in 4-92. Claimant's working hours were changed from full-time to part-time and to hours which interfered with her family commitments. For her, that may have seemed like just cause for leaving. However, the Act and the jurisprudence which has developed in consequence of s.28 require more.
Decision 25479
Full Text of Decision 25479
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
This full-time job was transformed to a job requiring some 16 hours of work a week in light of reduction in tourism effective in 9-91. It is obvious that dissatisfaction with the amount of work available is not sufficient to amount to just cause.
Decision 25468
Full Text of Decision 25468
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Apprentice electrician who refused in 8-93 a 3-day assignment at another location. It is true that this notice was very abrupt but it was not reasonable for him to risk his job, and to put the cost of his unemployment on the UI fund because of the relatively minor personal inconveniences involved.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
transfer |
|
Decision 25314
Full Text of Decision 25314
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
|
Summary:
The Board decided that the employer unilaterally amended the terms of employment. This decision is erroneous because the only change was in the room where the claimant worked. Given all the circumstances, this was not the only reasonable solution in the case at bar.
Decision 25050
Full Text of Decision 25050
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Left in 8-92. It became impossible for the employer to continue to pay her $200 a week to perform bookkeeping work which was part of her duties. I agree with claimant that the forced reduction in her salary was not only extenuating circumstances but also just cause which the Board did not consider.
Decision 24988
Full Text of Decision 24988
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Hours arbitrarily adjusted upwards by 2.5 hours with pay for 2 and Sunday school bus schedule removed with salary adjusted downwards. Left in 1-91. While a unilateral change may amount to just cause in limited cases, changes did not so profoundly affect his work that he was justified in leaving.
Decision 23842
Full Text of Decision 23842
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Working days reduced without notice from 4 to 2: decline in business. Claimant was told by the Ontario Ministry of Labour that this can be considered constructive dismissal. Her employer then offered her 1 full month and then she would be terminated. Attempt at reconciliation would have been futile.
Decision 23550
Full Text of Decision 23550
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Employed 6 years as bartender in Winnipeg. Hours cut by 50% due to decline in business. Exhaustive job search in Winnipeg. Relocated to Vancouver. Later found work there. Terms of employment unilaterally changed by employer, claimant no longer able to meet his obligations, this is just cause.
Decision 23480
Full Text of Decision 23480
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Landscape worker employed at a rate of $7/h reduced to $6 after 1 week without warning: did not have experience he indicated in his résumé. A change in a claimant's working conditions may give him just cause for leaving his employment even though he did not attempt to find a new job before quitting.
Decision 22347
Full Text of Decision 22347
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Due to re-organization, position of assistant buyer redundant. Was offered a choice of two positions with a significant reduction in responsibilities and either a reduction or freeze in salary. Loss of prestige. I am unable to conclude that he falls within any of the 5 circumstances of ss. 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
transfer |
|
Decision 21703
Full Text of Decision 21703
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| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Held that claimant working in the Cash office did not have just cause for refusing to accept a merge of the switchboard position with the Cash office position leading to her termination. A good reason or motive is not enough as per TANGUAY.
Decision 21370
Full Text of Decision 21370
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Here, we have an individual who was working in supervisory capacity, who was demoted to a telephone solicitor and whose remuneration was obviously reduced. In my view, these considerable changes in her working conditions certainly constituted just causefor leaving employment.
Decision 20089
Full Text of Decision 20089
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Even if her casual on call employment constituted employment within s.28, the change in working hours constituted new terms which she was not bound to accept. The offer to work on evenings and weekends constituted a significant change in employment conditions.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
burden of proof |
|
Decision 19522
Full Text of Decision 19522
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Promoted on probationary basis. Was returned afterwards with employees she was supervising. Kept the higher wage. Did not accept embarrassment and shame. Subsequently realized foolishness of her decision to quit. To accept a probationary promotion is toaccept such risk.
Decision 19215
Full Text of Decision 19215
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Claimant had a year of conflict with employer over radio programs broadcasted to the plant. A compromise solution lasted for 18 months. One day the employer abruptly put an end to it with claimant humiliated in front of others. This is a constructive dismissal or else just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Decision 18009
Full Text of Decision 18009
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Generally there is no requirement that the employee make any efforts towards reconciliation in a case where the employer has acted unilaterally in any manner which fundamentally alters the terms of employment as they existed prior to separation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
|
Decision 17495
Full Text of Decision 17495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Claimant says she left because there had been a significant change in the work agreed upon at hiring. She sought remedial action several times. If a Board accepts this, then it does not matter she did not seek other work before leaving and should not have been disqualified.
Decision 17147
Full Text of Decision 17147
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Left upon being given a 90-day probationary period due to his management style being more aggressive than appropriate. The Board imposed a 3-week disqualification as a prudent person would have taken this opportunity to seek other work. Clearly an appropriate application of law.
Decision 17035
Full Text of Decision 17035
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
It is well established that a fundamental change in working conditions is just cause. The change in policy meant that claimant, a nurse, was not able to work as many shifts and consequently was unable to earn enough money to support herself and her daughter, and she had to move.
Decision 16342
Full Text of Decision 16342
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Shop foreman from 19-1 to 4-3-87 required to go back in plant as regular worker at $3 less an hour when sales began falling. Jurisprudence has consistently held that a fundamental change in conditions is just cause. Demotion and reduction of salary are just cause.
Decision 16099
Full Text of Decision 16099
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Tax preparer who was requested to perform general office services. Employer changed in a significant way the content and nature of job which was to result in significant changes to remuneration. 1-week disqualification removed.
Decision 15365
Full Text of Decision 15365
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Logger paid on piece work. The Board found there was a major reduction in wages. Disqualification reduced to 2 weeks. This may not be regarded as an error of law. Evidence and credibility assessed by Board. No basis for saying that reduction of wages byitself means just cause.
Decision 15298
Full Text of Decision 15298
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Camp cook who went to remote camp on the belief she would work 5 days a week and have a ride on weekends. She then found out she had to live in camp for 2 months. Left after a week. Employee not to be expected to work under terms markedly different fromthose agreed to.
Decision 14891
Full Text of Decision 14891
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
A person who quits voluntarily because of a simple reduction in the hours of work and without having obtained employment elsewhere does so without justification.
Decision 14555
Full Text of Decision 14555
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Position abolished and chose to be on call rather than replace a younger worker. Not a voluntary termination, and if this was the case, it would be justified: judicious choice. Inexperienced for the other position and possibility of full-time work even on call.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
burden of proof |
|
Decision 14529
Full Text of Decision 14529
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Changes decreed unilaterally by the employer according to the management rights conferred by the collective agreement. No error in law by the board. Case in point.
Decision 14313
Full Text of Decision 14313
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employment was as reserve guard ready to step in if something happened. He was now being asked to be active, vigilant guard, who would have to make rounds. Different from what had been agreed. Disqualification reduced to 2 weeks.
Decision 12195A
Full Text of Decision 12195A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Many Umpire decisions have held that a material change in working conditions, imposed unilaterally by the employer, is a just cause for leaving. Severe reduction due to employer's desire not to have her back following childbirth.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
preparatory period |
|
| basic concepts |
disqualification |
length |
|
Decision 13108
Full Text of Decision 13108
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
From 40 to 27 hours; consistent case law holding that claimant who leaves voluntarily because of reduction in hours of work does so without just cause.
Decision 12942
Full Text of Decision 12942
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Employee with 13 years' service, the last 3 in tool design work, who refused to be transferred to paint shop. Was offered training. No change in salary and hours. Apparently suspended. Disqualification reduced to 2 weeks.
Decision 12907
Full Text of Decision 12907
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
change |
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Summary:
Hired to work days, worker asked shortly afterward to work nights. Incapable of sleeping during the day.
Decision 12804
Full Text of Decision 12804
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
By accepting claimant's proposals the employer agreed that beginning in January his duties would be substantially changed and improved. When the employer later refused to implement changes, he unilaterally altered the terms. A significant change in terms is just cause.
Decision 12697
Full Text of Decision 12697
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Attending classes while employed part-time. Left when employment became full-time. Claimant to be given a reasonable period of time in which to secure alternative part-time employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work simultaneously |
|
Decision 12468
Full Text of Decision 12468
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
While the effect of the transfer may well have ultimately been his demotion, it was the claimant who requested that transfer.
Decision 12097
Full Text of Decision 12097
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
Part-time hours changed to full-time; good employers under ss.27(2) recognize that they cannot legitimately alter terms of employment unilaterally; fundamental conditions of part-time (which had allowed claimant to take a course) changed which aborted his arrangements.
Decision 11818
Full Text of Decision 11818
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
Claimant hired with original hours of 9:45 p.m. to 7:45 a.m. and attended night classes 3 nights a week. Change in working hours. As he was working toward his BA degree, he left his job. Reasons for leaving were personal. A 4-week disqualification held as proper.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
leave or holidays |
|
Decision 11371
Full Text of Decision 11371
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
Summary:
While she may not have enjoyed her new job as much as her former position, she neither requested that she be transferred back to the old position nor sought other employment before resigning.
Decision 11320
Full Text of Decision 11320
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
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Summary:
There is no doubt that there is no justification in leaving even part-time work without having at least made some effort to secure other employment. Some justification in leaving due to change from full to part-time. Disqualification reduced from 6 to 2weeks.
