Summary of Issue: Dismissal Prior To Leaving

Decision 74103 Full Text of Decision 74103

On his application for benefits the claimant indicated he had quit his job because he was dealing with personal issues at home. The employer stated that the claimant was to be dismissed but chose to resign, therefore the code was changed. The claimant who was described as a "computer design" had downloaded some child pornography on his computer. He was eventually charged under the Criminal Code. He claimed he was innocent and that he had downloaded the material by accident. He chose to quit rather than be fired, as he understood the employer's reasons and did not want a dismissal on his record. The appeal is dismissed

Decision 38480 Full Text of Decision 38480

Claimant submitted a letter of resignation on 15-09-95 to be effective 19-10-95. However, on 29-09-95, the employer terminated the relationship. Held by Umpire that claimant did not leave his employment on 29-09-95. Reference made to two previous decisions: CUBs 13930 and 27487.

Decision 27487 Full Text of Decision 27487

Notwithstanding that claimant's letter of resignation may have initiated the events that followed, the conditions of her letter were not met by her employer. Instead she was summarily dismissed on the spot. The actions of the employer resulted in a dismissal. She did not voluntarily leave that day.

Decision 13930 Full Text of Decision 13930

Conditional resignation is a resignation if stated conditions accepted. Employer not entitled to accept resignation and reject conditions. Dismissal therefore occurred when instructed to vacate office, although claimant's letter may have initiated the events.

Decision 12173 Full Text of Decision 12173

Gave 2 months notice to take effect 31-12. Terminated by employer on 6-12 because it is bad business to keep persons on after they had given notice. There was no grounds for holding that the claimant had left. He was dismissed.