Decision A-0259.01

Case Number Claimant Judge Language Decision date
Decision A-0259.01 Marshall Gary  Federal  English 2002-02-27
Decision Appealed Appellant Corresponding Case
Judicial Review Dismissed  No Claimant  50992 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  working conditions  hours 

Summary:

In 2000, claimant's working hours were reduced from an average of 32 hours a week to 15.5 hours a week. According to employer, claimant had been hired on a part-time basis with hours that could vary from 12 to 30 hours a week. Claimant appealed to the BOR, arguing that he had been constructively dismissed. Claimant failed to appear in person before the BOR and both his appeals at the BOR and at the Umpire were dismissed. The FCA held that the claimant, had he appeared at the BOR to refute evidence, he might have been able to demonstrate that he had just cause for leaving his employment. Request for judicial review dismissed.


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