Decision 21817

Case Number Claimant Judge Language Decision date
Decision 21817   McNair  English 1992-10-01
Decision Appealed Appellant Corresponding Case
Allowed  No Claimant  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  health reasons 

Summary:

The Board erred in law by failing to apply the statutory test prescribed by 28(4)(d), namely whether claimant had no reasonable alternative to immediately leaving, having regard to all the circumstances, including working conditions constituting a danger to health or safety.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  definition 

Summary:

The proverbial "reasonable man" test of the earlier jurisprudence and the risk of "unemployment" test enunciated by TANGUAY must be regarded as being supplanted by the statutory test prescribed by s. 28(4). In my view, the appropriate test now is that mentioned therein.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  misinterpretation of provision 

Summary:

The Board erred in law by failing to apply the statutory test prescribed by 28(4)(d), namely whether claimant had no reasonable alternative to immediately leaving, having regard to all the circumstances, including working conditions constituting a danger to health or safety.


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