Decision 41523
Full Text of Decision 41523
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Claimant left his job in B.C. to return to Mtl. to care for his grandmother. Umpire stated that his presence was not immediately required as his mother was already caring for the grandmother. He was not a primary supplier of care. Umpire concluded that the claimant may have made his decision for personal reasons, which do not constitute just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
illness in family |
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Decision 35413
Full Text of Decision 35413
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Being away from home for 18 years, claimant quit job in B.C. to return in NFLD to be with his ailing father. No medical evidence on file to indicate that his presence was required. Also evidence shows that a mother, brother and sister were already in the area. Clear it was a personal decision.
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 |
obligation to care for family member |
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Summary:
Claimant left her job in B.C. and returned to NFLD to care for her father who had suffered a stroke. Clear in her mind and in any reasonable interpretation of the evidence it was necessary for her to care for her father, which brought her within S.28(4)(e)(Act). Umpire's finding not disturbed by FCA
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 29959
Full Text of Decision 29959
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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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 |
no reasonable alternative |
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Decision 30158A
Full Text of Decision 30158A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Beneficiary leaves to look after and arrange for the sale of his father's business, because his father is incurably ill. Departure not justified. We cannot suggest that s. 28(4)(e) of the Act can be interpreted to mean something other than the administration of personal care. Erroneous interpretation of Act by board of appeal.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 30187
Full Text of Decision 30187
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Claimant quit job in Man. to move in Alb. to take care of his ill mother. BOR found no urgent call from family or doctor to urge claimant to quit. Umpire found an error in law to say that "urgency" no longer the relevant test. According to file, there was an other alternative. Appeal filed to FCA.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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| voluntarily leaving employment |
legislation |
questions to examine |
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Decision 29760
Full Text of Decision 29760
summary
| Issue: |
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| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Claimant left her job in B.C. to return to N.B. to take care for her severely ill mother. The claimant is a licensed nurse, single and only member of the family able to assume responsibility for her mother's care. Also, not possible for her to conduct an effective job search in N.B. before leaving.
Decision 29330
Full Text of Decision 29330
summary
| Issue: |
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| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Para. 28(4)(e) applied. Claimant quit his job in a distant province to take care of his mother left isolated after the death of his father. Her health condition was such that she needed to be looked after and he explained why his brothers and sister were not in a position to look after their mother.
Decision 27512
Full Text of Decision 27512
summary
| Issue: |
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| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Teacher; left on 9-4-91 to care for his mother who was terminally ill: leave not requested. Filed for benefits: 6-14-91. Mother died: 1-7-91. His particular situation justified his leaving. Interpretation of "no reasonnable alternative" too limited.
Decision 27205
Full Text of Decision 27205
summary
| Issue: |
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| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Left his employment in another province and had reasonable assurance he could find employment. He did have an obligation to care for a member of the immediate family (his mother). Any loving son would have felt obligated to relieve his younger brother in caring for a desperately ill mother.
Decision 26314
Full Text of Decision 26314
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
As per Indian tradition, the care of her mother-in-law fell to her in her case. Was refused leave of absence in 6-93 to go to India. Immediate family in Black's Law Dictionary does not include a mother-in-law. [Note: mother-in-law now included in ss. 54(1.1) added 16-6-94 for a different purpose.]
Decision 25558
Full Text of Decision 25558
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Amongst reasons given for leaving Calgary, claimant stated that it was important to be close to her brother for medical reasons. Her brother, although a close family member, is not an immediate family member. No legal duty to care for him. [Note: covered in ss. 54(1.1) for another purpose.]
Decision 25420
Full Text of Decision 25420
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
The CEIC argued that a daughter-in-law is not a child under 28(4)(e). Claimant's presence in Vancouver was certainly not urgent as 3 months elapsed before she moved. No medical evidence. Just cause not shown failing other employment. [Note: new ss. 54(1.1) includes such person for another purpose.]
Decision 24092
Full Text of Decision 24092
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
obligation to care for family member |
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Summary:
Held that claimant had just cause for leaving to take care of her spouse. This is specifically covered in para. 28(4)(e) "obligation to care for a child or a member of the family". The speculations of the Board that there are various alternatives she could have adopted do not seem to be justified.
