Decision 39770
Full Text of Decision 39770
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
contradictory |
|
Decision 36997
Full Text of Decision 36997
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
jail sentence |
|
| voluntarily leaving employment |
legislation |
questions to examine |
|
Decision 29458
Full Text of Decision 29458
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
|
Decision 28799
Full Text of Decision 28799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 28211
Full Text of Decision 28211
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
contrary to law |
|
Decision 25773
Full Text of Decision 25773
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
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".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Decision 25508
Full Text of Decision 25508
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
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".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 25400
Full Text of Decision 25400
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
| voluntarily leaving employment |
applicability |
employment |
last |
Decision 25162
Full Text of Decision 25162
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 21349
Full Text of Decision 21349
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
Refer to: A-1210.92
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 23413
Full Text of Decision 23413
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
Decision 20781
Full Text of Decision 20781
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Summary:
Refer to: A-0395.92
Decision A-0395.92
Full Text of Decision A-0395.92
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| 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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
health reasons |
|
|
| board of referees |
errors in law |
misinterpretation of provision |
|
Decision 21681
Full Text of Decision 21681
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| 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]
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| 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.
