Decision A0339.06

Case Number Claimant Judge Language Decision date
Decision A0339.06 Clouthier  Sharlow  English 2007-04-19
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  -


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

Summary:

The claimant, an apprentice electrician, quit his job as a general labourer with a temporary staffing agency contending that he could not continue to work while at the same time be available for work through his union hiring hall. The Umpire was of the view that the BOR was clearly cognizant of the legal test for voluntary leaving - no reasonable alternative to voluntarily leaving - and that it did effectively apply the legal test to the facts of the case in finding that the claimant was not able to be available for employment in his chosen field if he remained employed by the staffing agency. The Court said it was not persuaded that the Umpire made a reviewable error in declining to reverse the decision of the BOR. The Board's reasons indicate that they correctly understood the relevant legal principles and reached a conclusion that was reasonably open to them on the record. (The Commission considers this decision is limited to the particular facts of the case)


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