Summary of Issue: Jail Sentence

Decision A0042.13 Full Text of Decision A0042.13

The claimant was incarcerated from March 6 to April 16, 2012 as a result of a complaint filed by his spouse that he had uttered death threats against her. On March 8, 2012, he received a letter from his employer informing him that his absence was unauthorized ans asking him to appear at work and justify his absence. While still incarcerated, the claimant contacted his manager to explain that he had no choice but to resign, given that he did not know when he would be released. On April 20, 2012, he filed a claim for benefits. The Commission informed the claimant that it could not pay him benefits because he had voluntarily left his employment without just cause. By allowing the application for judicial review, the FCA explained that the concept of misconduct does not require proof of penal liability. The FCA repeated the test for misconduct and found that the evidence showed that the claimant’s behaviour had led to his incarceration and to the loss of his employment. The FCA indicated that the BOR had not taken into account this evidence and that the Umpire should have intervened.

Decision 57350C Full Text of Decision 57350C

The Umpire concluded that not reporting for work and failing to communicate with his employer to explain why he had not done so, constitutes voluntarily quitting without just cause, and in any event, "the foolish mistakes that caused him to find himself in custody", to use the claimant's words, would constitute misconduct supporting the employer's decision not to take him back. The issue was not whether he would be found guilty or not, it was whether the claimant had lost his employment either as a result of quitting without just cause or being dismissed due to his misconduct. It was the claimant's conduct that led to his situation of being arrested.

Decision A-0338.03 Full Text of Decision A-0338.03

An employee who cannot work because of his imprisonment loses his employment by reason of his own misconduct or in cases where the employer has not taken any steps to fire the person, it amounts to a voluntary leaving.

Decision 36997 Full Text of Decision 36997

Bor erred in law, basing it's decision on acceptance of the claimant's failure to contact his employer. No determination of whether claimant "voluntarily" left his job. Employer took reasonable steps to assess claimant's ability to return to work. Commission's decision of voluntarily leaving without just cause was appropriate.

Decision 23199 Full Text of Decision 23199

The Board upheld the disqualification because claimant was the author of his own misfortune in that he was convicted and incarcerated for an offence. This placed him in the position of being unable to continue his employment and is not considered just cause. I have difficulty with this finding. I have difficulty with the finding that he left without just cause. Indeed, I have difficulty with the finding that he voluntarily left at all. He was physically unable to go as a result of restraints not within his control. His separation can only be considered voluntary in the most indirect way.