Decision 16824

Case Number Claimant Judge Language Decision date
Decision 16824   MacKay  English 1989-07-25
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  not applying jurisprudence 

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 

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 

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.


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