| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
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Summary:
There are two difficulties with the Board's decision. The first is that a significant issue is not dealt with: whether the claimant voluntarily left his employment or whether he was dismissed (fired). The issue of just cause only arises if the claimant voluntarily left his employment.
The distinction between a voluntarily leaving and a dismissal is very significant. In the case of a voluntary leaving, the claimant is required to prove that he had just cause for quitting. In the case of a dismissal, the burden of proof of misconduct is on the Commission, or the employer.
