Decision 63291A
Full Text of Decision 63291A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
The employer manipulated the claimant and repeatedly reneged on promises of a promotion and wage increases. The Umpire concluded that when the claimant finally comprehended the employer's bad faith he had no reasonable alternative to leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
antagonistic relations |
|
Decision A-0260.04
Full Text of Decision A-0260.04
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
The Court agreed with the BOR that the claimant had not established that she had no reasonable alternative to leaving her employment.
Decision 55300
Full Text of Decision 55300
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant had a permanent employment and her spouse was unemployed. Claimant left her job in Ontario to accompany her spouse who was going to a seasonal employment (10-week duration) in New-Brunswick. No indication that the move would be permanent: the possibility was considered but no decision had been made. In fact, they did move back to Ontario. Held that at the time of the move, the claimant was the only spouse who was employed and providing financial support for the couple. Claimant should not have jeopardized that without the firm indication that there was no alternative to her moving at that time.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 55116
Full Text of Decision 55116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
After her 18 year old son had served his community sentence, claimant elected to move from Winnipeg to Vancouver in order that he not associate with undesirable friends. The Commission found that she voluntarily left her employment without just cause. Held by Umpire that, absent any effort at finding employment before leaving or deliberating on alternatives such as taking a leave of absence, the claimant had made a personal choice that did not constitute just cause under the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision A-0041.02
Full Text of Decision A-0041.02
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant left his job to commence an 8 week training course. Prior to leaving his employment, the claimant made arrangements for alternate employment effective upon completing this training course. The FCA held that reasonableness in leaving one's job is insufficient just cause; there must be no reasonable alternative to leaving one's employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
|
| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
|
| voluntarily leaving employment |
new employment |
not definite |
|
Decision 53102
Full Text of Decision 53102
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
No spousal relationship of any kind existed prior to the claimant leaving her employment. They had in fact decided to begin such a relationship. To accept that a decision to relocate to begin cohabitation with a person with whom a romantic relationship has begun would be to unreasonably stretch the notion of an obligation to accompany a spouse.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 49475
Full Text of Decision 49475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant quit her job in Newfoundland because she was only making the minimum wage and she had been offered a free ride to Alberta to improve herself. BOR allowed the appeal on the basis that leaving a minimum wage job to seek a better paying position was just cause for quitting. Error in law by the BOR stated the Umpire. While it is understandable, it does not give the claimant the right to employment insurance benefits. In order to leave one's job for just cause one must show that there is no reasonable alternative to quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Decision 49011
Full Text of Decision 49011
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant quit to move to Brampton to be with fiancée. No common law relationship established prior to moving. No children involved and no proposed marriage date until 11 months later. BOR was of the view that the situation was similar to a person moving to get married and allowed the appeal. In reference to Tanguay (A-1458.84), the Umpire found that claimant had not exhausted all reasonable alternatives available to her prior to leaving her employment. Commission's appeal was allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
moving |
|
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 43465
Full Text of Decision 43465
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Quit his job on a mobile oil rig to live closer to his family. His working schedule entailed working for 3 weeks and a week off. It was to hard on the family, therefore, he had no reasonable alternatives than to quit his job. Umpire doesn't accept that he did not seek employment closer to home before quitting. His working schedule allowed it. Claimant being at home for a week every three weeks, it would have been possible for him to search for a job. Under the circumstances, he did not have just cause to leave his job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Decision 41607
Full Text of Decision 41607
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
BOR should have associated clmt's living conditions where there were cultural differences and a lack of social interaction and the entire environment tied to his employment in an isolated community. The reasonable alternatives available to him did not have much chance for success.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 40783
Full Text of Decision 40783
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant quit because the work she was doing did not reflect the job description she had been given when she was hired. Umpire found that an employee who leaves his employment without trying to remedy a situation that he finds unpleasant may be deemed not to have provided just cause for his separation. Umpire added that even if a claimant thinks that he is being under-utilized in the duties he performs, that fact does not make his separation the only reasonable solution.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 40581
Full Text of Decision 40581
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Quit her job because she had difficulty working with the supervisor on the night shift. The manager offered her a transfer to the day shift but the day shift provided only a part time work which reduced her hours and earnings. Umpire concluded that the part time work to which claimant was relegated significantly modified the terms and conditions of her employment and having regard to the problem she encountered on the night shift claimant had no reasonable alternative other than to leave her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
antagonistic relations |
|
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 39924
Full Text of Decision 39924
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant had difficulties with certain aspects of her employment. Given that she made no effort to resolve these difficulties with her employer, she did not meet the test of "no other reasonable alternative".
Decision 39678
Full Text of Decision 39678
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Subsection 28(4) exempts claimants from the strict enforcement of 28(1) if they can show that they had no reasonable alternative to leaving the employment. Work that constitutes a danger to health or safety is a valid exemption. However, everything must be examined in context and this must be the only reasonable alternative in their case. This evidence must be objective, unemotional and not subjective; there must be an objective conclusion based on actual unapprehended facts.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
|
Decision 37199A
Full Text of Decision 37199A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Quit her job because claimant could not deal physically and mentally with the conditions of employment. The hours were just too long, the breaks were not sufficient, the stress of the job was great and the fact that she suffered from frostbite as a result of one aspect of her job indicated clearly that there were no reasonable alternatives for her other than quitting her job. By doing so she quit her job with just cause under the Act.
Decision 39547
Full Text of Decision 39547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant left his employment after a reduction in salary of just over 30%. Umpire ruled that if the claimant had remained in his old job with reduced income, he would at least have had a job and would have been able to take the necessary time to find other insurable employment. He preferred to receive UI benefits, which gave him less income, even with a reduced salary. Umpire found that this solution was not reasonable, and even more obviously was not the reasonable solution as defined by the legislation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
| voluntarily leaving employment |
working conditions |
salary |
|
Decision A-0875.96
Full Text of Decision A-0875.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant started working as a truck driver in 02-94. In 06-94, claimant advised the employer that he could not carry on working as a driver: licence suspended for an offence committed in 07-93 i.e. seven months before he started to work. In a majority decision, the FCA held that claimant had lost his job without just cause. **The Act provides some understanding for the meaning of the phrase "just cause" for voluntarily leaving an employment so as to determine if "the claimant had no reasonable alternative to leaving the employment". An examination of the enumerated circumstances [ss.28(4)] indicate situations occurring independently from the will or participation of the claimant and beyond his control. Admittedly, the applicant in the case at bar had no other reasonable alternative but to leave his employment. But the reason of his leaving was the loss of his driving licence for which he was responsible, having been found guilty of a drinking and driving offence. This was not a "just cause".
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
driving permit |
|
|
| voluntarily leaving employment |
applicability |
tantamount to dismissal |
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| misconduct |
misconduct prior to employment |
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|
| misconduct |
definition |
|
|
| misconduct |
criminal acts |
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|
| misconduct |
elsewhere than at work |
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|
| misconduct |
questions to examine |
|
|
Decision 37586
Full Text of Decision 37586
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant was faced with the alternatives of performing a job which offended his sense of honesty, or confronting the employer and refusing to perform his job or quitting. Umpire ruled that claimants are not required to remain in employment which offends their ethical values and his satisfied that in this case the claimant had no resonable alternative but to leave and therefore met the test of just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
ethical considerations |
|
Decision 35229
Full Text of Decision 35229
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Found that claimant had just cause for quitting due to economic factors. The cost of child care and the cost of transportation, when balanced against the real income to be derived from the employment, had reached a point at which it was not realistically economic for claimant to continue working.
Decision 34385
Full Text of Decision 34385
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
The Umpire found that it was not a case where the claimant did not explore all possibilities of alternative transportation and living accomodations. It is a case where her living accomodations situation changed and the claimant left her job because she found it uneconomic to continue working.
Decision 29959
Full Text of Decision 29959
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Refer to: A-0734.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
|
Decision A-0734.95
Full Text of Decision A-0734.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Claimant left her job in B.C. and returned to NFLD to care for her father who had suffered a stroke. FCA satisfied that Umpire did not neglect the opening words of ss.28(4), including the requirement that the respondent had no reasonable alternative to leaving her employment in British Columbia.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
|
Decision 28343
Full Text of Decision 28343
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Refer to: A-0466.95
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision A-0466.95
Full Text of Decision A-0466.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
When a single person, or the only working spouse in a marriage, voluntarily leaves employment, the reasonable alternative factor must be a major consideration in determining the issue of just cause. Umpire not concerned whether decision to move taken byboth spouses or not. Confirmed by the FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
to accompany spouse |
|
Decision 30158A
Full Text of Decision 30158A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Ongoing jurisprudence developed since the FCA decision in Tanguay (A-1458-84) requires that any grounds found pursuant to s. 28(4) be subjected to the following task: was departure the only reasonable solution? Beneficiary did not request leave of absence.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
|
Decision A-0450.95
Full Text of Decision A-0450.95
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
The BOR found a lack of "just cause" because there was "no urgency or necessity". Held by the FCA that the test set out by the BOR was more exigent than the language of the Act which requires only that "in all the circumstances... the claimant had no reasonable alternative..."
Decision 27924
Full Text of Decision 27924
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Refer to: A-0450.95
Decision 28803
Full Text of Decision 28803
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Employer consistently manipulated accounting so that claimant was not paid all his commissions. I do not see how it can be suggested that it is a reasonable alternative to require an employee to remain with an employer who is cheating him until he can find alternative employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Decision 28799
Full Text of Decision 28799
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
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 |
definition |
|
Decision 24013
Full Text of Decision 24013
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
Refer to: A-0115.94
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision A-0115.94
Full Text of Decision A-0115.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
We note that the Board made an incorrect statement with regard to the legal test for "just cause", stating that the Board must be concerned that the claimant had "absolutely no alternative" but to leave his job instead of "no reasonable alternative" to leaving the employment as provided in 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
capricious finding |
meaning |
Decision 25917
Full Text of Decision 25917
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Summary:
The claimant may well have had good reason for quitting his employment, and on the material before me I conclude he had, but without further efforts to improve the situation between himself and his supervisor, I am in agreement with the Board that he did not have just cause.
He did not seek alternative employment before leaving but, given the remote location of the camp, I do not regard this as a significant factor. His evidence was that he certainly sought alternative employment immediately upon leaving and arriving at a location where a job search was feasible.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| umpires |
grounds of appeal |
without regard for material |
|
