| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
jail sentence |
|
Summary:
The Board upheld the disqualification because claimant was the author of his own misfortune in that he was convicted and incarcerated for an offence. This placed him in the position of being unable to continue his employment and is not considered just cause. I have difficulty with this finding.
I have difficulty with the finding that he left without just cause. Indeed, I have difficulty with the finding that he voluntarily left at all. He was physically unable to go as a result of restraints not within his control. His separation can only be considered voluntary in the most indirect way.
