Summary of Issue: Undue Pressure To Quit

Decision A0477.12 Full Text of Decision A0477.12

The Commission denied the claimant’s claim because she had voluntarily left her employment without just cause. The claimant voluntarily left her employment and accepted a severance package. She inferred from this that the store was closing. She admitted that she could have requested a transfer to another store, but did not do so as she believed the request would be denied. She later stated on her application that she had felt pressured to leave her position. The BOR allowed her appeal, finding that she was not disqualified from receiving benefits because she had left her employment due to undue pressure by her employer in accordance with paragraph 29(c)(xiii) of the EI Act. In dismissing the application for judicial review, the FCA found that there was no reviewable error made by the Umpire to warrant the Court’s intervention.

Decision 70104 Full Text of Decision 70104

The claimant invokes subsection 29(c)(xiii) contending that the employer placed undue pressure on him to quit. That contention is not supported by the evidence. The employer intended to recommend dismissal. Following discussion with claimant's union the employer agreed to retain the claimant in its employ subject to options and conditions it presented and the claimant chose the option of resigning. He was not pressured to resign.

Decision 61327A Full Text of Decision 61327A

The claimant did not report for work on the day following a discussion in which the employer informed him that he would be dismissed and afterwards went to the claimant's residence to collect his equipment. The Umpire says that the employer's position was clear, regardless of whether he had been fired or had quit, the claimant was no longer an employee and subparagraph 29 (c) (xiii) could be applied. The Umpire found that there was insufficient evidence on file either to prove that the claimant had left voluntarily or to demonstrate misconduct on the part of the claimant.

Decision A-0175.96 Full Text of Decision A-0175.96

Claimant quit lengthy employment when the severance pay provisions of her collective agreement were threatened by current negotiations. While her resignation was understandable, it was precipitous and the FCA ruled that the claimant had not established "just cause" under s.28 of the Act as she had no reasonable assurance of another employment in the near future or experienced "undue" pressure by the employer to quit.

Decision 27489 Full Text of Decision 27489

The circumstance dealing with undue pressure reads "undue pressure by an employer on employees to leave". Claimant has misapprehended the text and application of that provision. The pressure exerted by the employer was not aimed at inducing her to leave. She could have continued indefinitely.