Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
voluntarily leaving employment |
working conditions |
smoking policy |
|
Summary:
The Board erred in law in assuming that she could have no legitimate health reason for quitting unless she provided evidence that she was more susceptible to harm from second-hand smoke than other people and that she had to prove that it was specifically harmful to her.
No designated area for smokers. Worked for 2 years in office where 7 out of 10 were heavy smokers. Had complained regularly. Her employer had taken no effective measures. Had applied for other work. Not obliged under 28(4)(d) to continue in this hazardous situation indefinitely.