| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
burden of proof |
|
Summary:
It is established law that the Commission must first establish that the leaving was voluntary (see CUB 16217). Consequently, the Board errs in law and fails to exercise its jurisdiction where it fails to address the issue of voluntariness prior to considering the issue of just cause.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary leaving defined |
|
Summary:
Case law clearly establishes that for leaving to be "voluntary", the claimant must have taken the initiative in severing the employer/employee relationship. The issue of whether or not the employee wished to remain on the job is therefore irrelevant when considering this question.
