Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
I am very sympathetic to the claimant since she seems to have been exposed to more than her share of life's difficulties and she is certainly to be commended for all her efforts to turn her life around. This, however, begs the question as to whether she left her job without just cause under 28(4).
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Summary:
NOTE: The FCA, in rendering its decision in Greg Stevens (A-599-95, CUB 28834), has said that to rely on the expression "such other reasonable circumstances as prescribed" was not possible because none had been prescribed by regulations adopted by the Commission.
In the context of a statute, the word "prescribed" is usually associated with either the statute itself or with the regulations. The subsection does not read "such other reasonable circumstances as are in the discretion of the Commission". There is no discretion to be exercised by the Commission.