Decision A0274.09

Case Number Claimant Judge Language Decision date
Decision A0274.09 Patel  Noël  English 2010-04-12
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment  personal reasons  babysitting problems 

Summary:

The Claimant left his employment to care for his children aged 2 and 5. Section 29(c) of the EIA provides that just cause for voluntary leaving an employment if a claimant had no reasonable alternative to leaving having regard to the obligation to care for a child. The BOR found that the claimant did not have just cause, indicating that the claimant had the reasonable alternatives of hiring a babysitter, using a day care facility or requesting a leave of absence. The FCA held that the BOR's decision was reasonable and that the Umpire erred in substituting his own view of the facts for that of the BOR.


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