Decision A-0115.94

Case Number Claimant Judge Language Decision date
Decision A-0115.94 Ash Stephen  Federal  English 1994-11-16
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No N/A  24013 


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

Summary:

We note that the Board made an incorrect statement with regard to the legal test for "just cause", stating that the Board must be concerned that the claimant had "absolutely no alternative" but to leave his job instead of "no reasonable alternative" to leaving the employment as provided in 28(4).


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  capricious finding  meaning 

Summary:

It is evident from the Board's decision that both the majority and minority view had been canvassed. Although the majority could have ruled otherwise, they chose to disbelieve claimant as to the cause for leaving his employment. The Umpire could not substitute the opinion of the majority for hers.


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