Decision 36997

Case Number Claimant Judge Language Decision date
Decision 36997   MacKay  English 1997-02-24
Decision Appealed Appellant Corresponding Case
Allowed  No Employer  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  just cause  definition 

Summary:

It is well-established in the jurisprudence that good motive or good reason does not constitute "just cause" within the meaning of s.28 of the Act. Whether, in the opinion of the BOR, the claimant had good reason for failing to contact his employer to explain his prolonged asbsence from work is irrelevant to the determination whether the claimant had "just cause" for leaving his employment.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  applicability  jail sentence 

Summary:

Bor erred in law, basing it's decision on acceptance of the claimant's failure to contact his employer. No determination of whether claimant "voluntarily" left his job. Employer took reasonable steps to assess claimant's ability to return to work. Commission's decision of voluntarily leaving without just cause was appropriate.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  legislation  questions to examine 

Summary:

Board erred, by employing the wrong context for determining "just cause". The Board did by improperly substituing an anlysis of whether the claimant was justified in not contacting his employer, rather than considering whether, in the circumstances, the claimant had "just cause" in leaving his employment, pursuant to s.28 of the Act.


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