Decision 39678

Case Number Claimant Judge Language Decision date
Decision 39678   Marin  French 1997-12-09
Decision Appealed Appellant Corresponding Case
Dismissed  No Claimant  -


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

Summary:

Subsection 28(4) exempts claimants from the strict enforcement of 28(1) if they can show that they had no reasonable alternative to leaving the employment. Work that constitutes a danger to health or safety is a valid exemption. However, everything must be examined in context and this must be the only reasonable alternative in their case. This evidence must be objective, unemotional and not subjective; there must be an objective conclusion based on actual unapprehended facts.


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

Summary:

Subsection 28(4) exempts claimants from the strict enforcement of 28(1) if they can show that they had no reasonable alternative to leaving the employment. Work that constitutes a danger to health or safety is a valid exemption. However, everything must be examined in context and this must be the only reasonable alternative in their case. This evidence must be objective, unemotional and not subjective; there must be an objective conclusion based on actual unapprehended facts.


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