Decision 73334

Case Number Claimant Judge Language Decision date
Decision 73334   Tannenbaum  English 2009-10-23
Decision Appealed Appellant Corresponding Case
Dismissed  No Employer  -


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

Summary:

The issue in the present appeal is whether or not the claimant voluntarily left her employment without just cause. In her claim for benefits the claimant stated she had been dismissed but then gave the following explanation: ¿During my employment I faced sexual harassment and discrimination from the manager. The owner constructively dismissed me when he required that I sign a document that I had not experienced harassment as a condition of my continuing to work. When I refused to sign the document I was threatened with litigation and had to retain services of Human Rights Tribunal of Ontario Counsel. The Commission contacted the employer for its version of events, but not having received a reply by December 19, 2008, wrote to the employer to advice that it was approving the claimant's claim for benefit. An appeal to the Umpire was filed by the employer claiming that the Board had made an erroneous finding of fact. The employer then filed a series of documents which had never been placed before the Board of Referees and therefore will not be considered in the present appeal. The employer's appeal to the Umpire is dismissed.


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