Summary of Issue: Leave Of Absence Granted


Decision 64307 Full Text of Decision 64307

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

The claimant had voluntarily taken an authorized period of leave for personal reasons and to move. The judge stated that, although the reasons for taking the leave were reasonable, they could not be considered just cause under the meaning of the Act and concluded that the claimant was not entitled to benefits until one of the conditions under paragraph 32(2) of the Act was met.


Decision A-0694.96 Full Text of Decision A-0694.96

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Claimant on leave authorized by his employer in order to complete two university courses. Considered ineligible for the entire leave period. Disentitlement upheld by the BOR but reduced on the basis of evidence provided by the claimant at the hearing. Commission appealed to the Umpire because the claimant had not resumed the former employment. The Umpire determined that his leaving was justified and cancelled the disentitlement. The FCA reinstated the disentitlement and said it was wrong for the Umpire to find that the claimant had just cause in leaving his employment to pursue his studies. **NOTE: Ambiguity identified by the FCA in relation to the expression "resumes employment" in paragraph 28.2(2)(a); corrected in the new Employment Insurance Act (paragraph 32(2)(a) [formerly 28.2(2)(a)].

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons courses of study

Decision 28183 Full Text of Decision 28183

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Held that the Board erred in deciding that the claimant was justified in asking his employer a leave of absence without pay to leave the Beauce region and move in Chambly with her boyfriend of 6 years, with whom she had never cohabitated.

other summary
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voluntarily leaving employment just cause to accompany spouse

Decision 25586 Full Text of Decision 25586

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Part-time worker collecting UI. Requested and was granted some 2 weeks' unpaid leave. Did not request UI for these 2 weeks and then went back to her part-time work. It is not only incredible but unconscionable that the Commission and the Board should have treated this action as being a quitting.


Decision 21688 Full Text of Decision 21688

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Refer to: A-1449.92

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees legislative authority discretionary powers
basic concepts rate of benefit disqualification

Decision A-1449.92 Full Text of Decision A-1449.92

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Took leave of absence in order to take a course for 7 months. Changed her mind a few weeks later. She argues that she did not leave her employment because she only took leave of absence. The reason she was not working was that she had voluntarily taken leave of absence.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts rate of benefit disqualification
board of referees legislative authority discretionary powers

Decision 19870 Full Text of Decision 19870

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Part-time worker who took an unpaid leave of absence to look for full-time work in another area. Being unsuccessful she returned to her job some 7 weeks later. Held that she left without just cause. Disqualification reduced to 1 week because of strong extenuating circumstances.


Decision 17867 Full Text of Decision 17867

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Government worker who, upon being nominated as a candidate for the forthcoming Federal election, was required to take leave of absence. This amounts to a voluntary separation. In view of the high-minded purpose of the reason for the leave, disqualification reduced to 2 weeks.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons election campaign
voluntarily leaving employment applicability tantamount to leaving

Decision 12908 Full Text of Decision 12908

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

3 months unpaid leave. She voluntarily left to go back to school. Undeniably a commendable reason, but not just cause. Personal choice. 5 week disqualification in issue.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
basic concepts disqualification and disentitlement

Decision 11478 Full Text of Decision 11478

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment applicability leave of absence granted
Summary:

Case turns on facts. Teacher who took leave without pay: wanted to find something else because her duties had changed. 6 week disqualification upheld.

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