Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
errors in law |
not applying jurisprudence |
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Summary:
CUB 8330 quoted by Board that "just cause is made out only where there is an element of urgency, necessity or compulsion". That is not consistent with more recent jurisprudence in TANGUAY. Basically the standard conduct to be met is that of the "reasonable man". Error of law.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
jurisdiction |
reason for existence of boards |
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Summary:
Claimant refers to matters that Board should have "checked". The Board does not possess investigatory power. Claimant must use best efforts to secure evidence to support his allegations. Commission's duty to fairly present evidence. Board's function to assess evidence presented.
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
voluntarily leaving employment |
legislation |
questions to examine |
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Summary:
It is the function of the Board to determine whether the separation was voluntary and if so, whether claimant acted with just cause. If voluntary and without just cause, the Board must consider whether the period of disqualification is appropriate.