Summary of Issue: Voluntary Leaving Defined

Decision A-0097.03 Full Text of Decision A-0097.03

The claimant quit his job after his employer reduced his salary and argued that this amounted to constructive dismissal and he should not have to establish just cause. The Court stated that the common law concept of constructive dismissal is a different issue from the issue of whether an employee has voluntarily left employment under the Act. The Court does not accept the claimant's argument that this means he left his employment involuntarily, as he had other alternatives.

Decision 56125 Full Text of Decision 56125

Refer to summary indexed under FCA A-0097.03

Decision A-0003.95 Full Text of Decision A-0003.95

Claimant did not quit but was dismissed. In reviewing a ruling of disqualification based on S.28 of the Act, there is no automatic duty, in all cases, to inquire into the possibility that either of the two causes therein referred to could apply. From evidence at bar, no misconduct proven.

Decision 27488 Full Text of Decision 27488

After an incident the employer using harsh language told claimant that if he was not happy he could leave. The Board's conclusion, that claimant had voluntarily left because he had been instructed to do so, is premised on contradictory findings of fact. Not established that he left voluntarily.

Decision 27277 Full Text of Decision 27277

Although the claimant tried to return to his employment after handing in his resignation, this does not alter the fact that his separation remains voluntary.

Decision 27136 Full Text of Decision 27136

Case law clearly establishes that for leaving to be "voluntary", the claimant must have taken the initiative in severing the employer/employee relationship. The issue of whether or not the employee wished to remain on the job is therefore irrelevant when considering this question.

Decision 23279A Full Text of Decision 23279A

Held that a finding of voluntary resignation was perverse in the case of a claimant who was terrified by the threatening conduct of her supervisor who effectively put the words of resignation into claimant's mouth at a time when the claimant lacked the strength to assert herself.

Decision 26595 Full Text of Decision 26595

Claimant asked to rescind his resignation from the Armed Forces. Request denied and grievance filed. There is no question that he left voluntarily. As per jurisprudence, once an employee has resigned, he has voluntarily left even though he may subsequently wish to withdraw the resignation.

Decision 24069 Full Text of Decision 24069

It is not unusual for a claimant in anger to threaten a resignation and later to try to withdraw it, but sometimes the employer is eager to have the relationship severed, and accepts the resignation. In such cases, it is held that this is not a dismissal but a resignation but a resignation.

Decision 22863 Full Text of Decision 22863

Laid off because she had two children in a child care center and she was unable to meet the exceptional requirements of the employer relating to overtime. Meaning of the word "voluntary" examined. In my view, such a finding on the part of the Board of Referees is not justified by the evidence.

Decision 22680 Full Text of Decision 22680

Claimant submitted a letter of resignation but, later on thinking it over, wished to withdraw it. This withdrawal was refused. She argues that there is a legal issue, that the resignation never having been formally accepted, she was entitled to withdraw it. The Board erred in law in accepting this.

Decision 21818 Full Text of Decision 21818

Claimant resigned but did return to see his employer on the following Friday to rescind his resignation. As stated in CUB 3305, one who is terminated following notice of his intention to leave must be considered to have left voluntarily even if he laterchanges his mind.

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 13172 Full Text of Decision 13172

Contract worker who must terminate contract if he wishes to have vacation. Possibility of returning afterwards. Leaves 9 days before end of contract. Lack of work upon his return. There is no question that he voluntarily left. It was he who took the initiative.

Decision 11935 Full Text of Decision 11935

Layoff notice 16-11-84; subsequently advised of assignment to another store. Left after one week at other store. He feels that once he received a notice of layoff that was the end of his employment. In the situation which prevailed, such attitude completely frivolous.

Decision 11652 Full Text of Decision 11652

Cannot be said that he was forced to leave: he was discontent with several aspects. Clearly established in case law that claimant voluntarily leaves where he rather than employer takes initiative of terminating contract of employment.