Decision 30158A

Case Number Claimant Judge Language Decision date
Decision 30158A   Marin  French 1996-03-29
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  obligation to care for family member 

Summary:

Beneficiary leaves to look after and arrange for the sale of his father's business, because his father is incurably ill. Departure not justified. We cannot suggest that s. 28(4)(e) of the Act can be interpreted to mean something other than the administration of personal care. Erroneous interpretation of Act by board of appeal.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  no reasonable alternative 

Summary:

Ongoing jurisprudence developed since the FCA decision in Tanguay (A-1458-84) requires that any grounds found pursuant to s. 28(4) be subjected to the following task: was departure the only reasonable solution? Beneficiary did not request leave of absence.


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