Summary of Issue: Definition


Decision 39770 Full Text of Decision 39770

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voluntarily leaving employment just cause definition
Summary:

"Just cause" is not "good reason" to do something that one feels must be done. Claimant had a good reason to want to go to France for a baptism or go to Portugal to take care of some paperworks but the employer could not grant the leave of absence. This, though, is not "just cause" to quit one's job. In order to have "just cause" to quit a job, claimant must show that he had no reasonable alternative but to quit his job.


Decision 37105 Full Text of Decision 37105

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voluntarily leaving employment just cause definition
Summary:

Reason for quitting one's job must surpass merely good personal reasons which although understandable, do not meet the standard of just cause.

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board of referees weight of statements contradictory

Decision 36997 Full Text of Decision 36997

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voluntarily leaving employment just cause definition
Summary:

It is well-established in the jurisprudence that good motive or good reason does not constitute "just cause" within the meaning of s.28 of the Act. Whether, in the opinion of the BOR, the claimant had good reason for failing to contact his employer to explain his prolonged asbsence from work is irrelevant to the determination whether the claimant had "just cause" for leaving his employment.

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voluntarily leaving employment applicability jail sentence
voluntarily leaving employment legislation questions to examine

Decision 29458 Full Text of Decision 29458

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voluntarily leaving employment just cause definition
Summary:

Claimant was displaced and offered a re-assignment. Claimant refused and subsequently laid-off. Option exercised under the Collective Agreement. Claimant's separation from employment not to be characterized as voluntary.

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voluntarily leaving employment just cause significant change in duties

Decision 28799 Full Text of Decision 28799

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voluntarily leaving employment just cause definition
Summary:

Test "no reasonable alternative" discussed in the context of an employer who possibly misrepresented the nature of the job the employee was expected to do, and whether this is a more stringest test than the reasonable man test. Ss. 28(4) is, in fact, a codification of the pre-existing jurisprudence.

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voluntarily leaving employment just cause no reasonable alternative

Decision 28211 Full Text of Decision 28211

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voluntarily leaving employment just cause definition
Summary:

The enumeration in 28(4) is not exhaustive. By using the words "having regard to all the circumstances" and "including any of the following circumstances", the legislator did not exclude other grounds which are similar, related, or corollary to the enumerated grounds.

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voluntarily leaving employment just cause contrary to law

Decision 25773 Full Text of Decision 25773

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voluntarily leaving employment just cause definition
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Although TANGUAY and other early jurisprudence remain useful, and are frequently cited, ss. 28(4) has supplanted them: CUB 21817. Thus, when a claimant leaves his job, he must show that he comes under any of the enumerated grounds, or that "in all the circumstances", had "no reasonable alternative".

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voluntarily leaving employment working conditions salary financial difficulties

Decision 25508 Full Text of Decision 25508

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voluntarily leaving employment just cause definition
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The Board has committed an error of law in the way that it appears to have interpreted ss. 28(4). It states that no provision for the reasons given for quitting exists as defined within the Act. This suggests to me that the Board considered the circumstances listed in 28(4) to be exhaustive.


Decision 25460 Full Text of Decision 25460

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voluntarily leaving employment just cause definition
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The jurisprudence arising out of the previous wording of the Act was probably less demanding of claimants. The test of "having regard to all the circumstances... no reasonable alternative" in the Act as it now stands appears to narrow if anything the meaning of "just cause". Ss. 28(4) quoted in part. There then are listed by way of example numerous circumstances, none of which apply here. One is thus left with the need to determine whether in the particular circumstances in this case the claimant "had no reasonable alternative to leaving the employment".

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voluntarily leaving employment personal reasons courses of study

Decision 25400 Full Text of Decision 25400

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voluntarily leaving employment just cause definition
Summary:

It is argued that the older jurisprudence has not been displaced by the recent amendments to 28(4). I am satisfied that the exclusive test of "just cause" is set out therein where it says that "just cause exists where, having regard to all the circumstances, claimant had no reasonable alternative".

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voluntarily leaving employment new employment delay between two jobs
voluntarily leaving employment applicability employment last

Decision 25162 Full Text of Decision 25162

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voluntarily leaving employment just cause definition
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With the passing of the new s. 28, the Board does not have to wonder if it finds the claimant acted reasonably. It must rather verify if the claimant left his employment as a result of one of the listed circumstances and decide if he had no reasonable alternative to leaving the employment.


Decision 21349A Full Text of Decision 21349A

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voluntarily leaving employment just cause definition
Summary:

In my opinion, the insured acted reasonably in leaving her job under those circumstances as she almost immediately found another job. However, that was not the "only" reasonable solution available to her. She could have waited until the date of her wedding.


Decision A-1210.92 Full Text of Decision A-1210.92

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

Since the adoption of the new s. 28, the board does not have to consider whether it finds the claimant's conduct reasonable: what it must consider is whether he left his employment in any circumstances described and whether the claimant had no reasonable alternative to leaving immediately.

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voluntarily leaving employment just cause to accompany spouse

Decision 21349 Full Text of Decision 21349

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voluntarily leaving employment just cause definition
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Refer to: A-1210.92

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voluntarily leaving employment just cause to accompany spouse

Decision 23413 Full Text of Decision 23413

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voluntarily leaving employment just cause definition
Summary:

Left a job about to terminate to take a course. The Commission submits that none of the 5 conditions enumerated in 28(4)(a) to (e) apply in this case. However, this does not end the matter. "Just cause" is not limited to the 5 enumerated conditions, but can include a range of other conditions.

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voluntarily leaving employment personal reasons courses of study

Decision 20781 Full Text of Decision 20781

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voluntarily leaving employment just cause definition
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Refer to: A-0395.92


Decision A-0395.92 Full Text of Decision A-0395.92

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voluntarily leaving employment just cause definition
Summary:

It is clear that this list in ss. 28(4) was not intended to be exhaustive as the Commission is to have regard "to all the circumstances". Here, claimant left the far north to come and assist his sister who was having problems with her teenage daughter. The Board did not err in law. Upheld by FC.


Decision 22341 Full Text of Decision 22341

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

The test applied by the Board was whether the employment had become intolerable to the claimant. That test does not take full account of the definition of "just cause" as it now applies under 28(4) since 11-90.


Decision 21817 Full Text of Decision 21817

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voluntarily leaving employment just cause definition
Summary:

The proverbial "reasonable man" test of the earlier jurisprudence and the risk of "unemployment" test enunciated by TANGUAY must be regarded as being supplanted by the statutory test prescribed by s. 28(4). In my view, the appropriate test now is that mentioned therein.

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voluntarily leaving employment health reasons
board of referees errors in law misinterpretation of provision

Decision 21681 Full Text of Decision 21681

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voluntarily leaving employment just cause definition
Summary:

Par. 28(4)(a) to (e) are neither exhaustive nor to be given equal importance. The provision is not there to fetter or circumscribe one's discretion. The expression "having regard to all the circumstances" is more generic and overrides the more particular criteria in (a) to (e). It is not proper to look at any individual occurrence in isolation in order to determine whether just cause exists or not. When the statute says "having regard to all the circumstances", it imposes a consideration of the totality of the evidence.

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voluntarily leaving employment relations at work foul language
voluntarily leaving employment legislation questions to examine
voluntarily leaving employment working conditions unsatisfactory

Decision 18653 Full Text of Decision 18653

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voluntarily leaving employment just cause definition
Summary:

It is my view that in its use of the 2 phrases, "good cause" and "just cause", Parliament did not intend that they be treated as synonymous even though in the abstract they may be difficult to distinguish. "Just cause" implies a somewhat more stringent standard to be met.

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courses of instruction or training failure to attend leaving the course
courses of instruction or training good cause definition
board of referees errors in law meaning of a term

Decision A-1458.84 Full Text of Decision A-1458.84

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

According to the board, the insured acted reasonably in quitting. This demonstrates a total misunderstanding of expression just cause. Not synonymous with reason or ground. Winning the lottery or inheriting a fortune may be an excellent reason but it is not just cause. Just cause means no more than "right" or "right and reasonable" in the context of the risk of unemployment. [p. 8-9] Quoted with approval from CREWE: "Not sufficient to prove it was quite reasonable to leave. Reasonableness may be good cause but not necessarily just cause. Without just cause means without any just cause for throwing on to the UI fund the payment of UI." [p.7]

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voluntarily leaving employment personal reasons altruistic considerations
voluntarily leaving employment personal reasons monetary considerations
voluntarily leaving employment legislation rationale
voluntarily leaving employment personal reasons retirement
voluntarily leaving employment new employment a requirement
board of referees errors in law meaning of a term
voluntarily leaving employment new employment delay between two jobs

Decision 28478 Full Text of Decision 28478

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voluntarily leaving employment just cause definition good faith
Summary:

Held that there exists a parallel between ss. 28(1) and para. 27(1)(b) and that the MOURA decision applies in the case at hand. The Board erred in law in deciding that the claimant acted in good faith, rather than deciding whether she had quit without just cause.

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