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