Summary of Issue: Obligation To Care For Family Member


Decision 41523 Full Text of Decision 41523

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment personal reasons illness in family

Decision 35413 Full Text of Decision 35413

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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
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: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause no reasonable alternative

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
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

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
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

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
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: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment legislation questions to examine

Decision 29760 Full Text of Decision 29760

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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

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Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
voluntarily leaving employment just cause obligation to care for family member
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
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.

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