| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
Summary:
The claimant quit two jobs in Montreal, alleging difficulty in learning French, to move to Toronto where he thought he had better prospects of finding employment in line with a recently obtained diploma. The Court said that the Umpire did not identify the appropriate standard of review, which in a case of voluntary leaving is a question of mixed fact and law. The Court went on to reiterate a number or principles. Despite the myriad of examples provided at section 29(c) of the Act of what would constitute just cause, the primary question remains the same: did the claimant have no reasonable alternative to leaving. Leaving to improve one's position in the marketplace does not constitute just cause. There is no indication that the Board considered the most obvious reasonable alternative - searching for work in Toronto while working in Montreal instead of moving immediately. Moreover, suitability of employment cannot be just cause for leaving.
