Summary of Issue: Burden Of Proof

Decision A-0277.98 Full Text of Decision A-0277.98

After hearing the facts, BOR found that the claimant had just cause to quit his job because he had no alternative and also recognized that the employment tried out for a very short period (three days) proved unsuitable. Umpire reversed this decision. FCA found that the BOR had made findings of fact from the evidence before it. Without a transcript of this evidence, the Umpire could not know the evidence on which the BOR had based its decision, much less find it insufficient to justify the claimant's decision to quit.

Decision 36862 Full Text of Decision 36862

BOR based its conclusion solely on the medical certificates and ignored all other reasons given by claimant seeking early retirement. BOR's decision was made without regard to the totality of the material before it, and hence, must be reversed on the facts. In failling to distinguish between "personal reasons" and "just cause" for voluntary leaving his job is erroneous in law.

Decision 27407 Full Text of Decision 27407

The only evidence before the Board was the uncontroverted evidence of claimant herself. It is true the onus is on her to show just cause. However, where the CEIC fails to adduce any evidence whatsoever to contradict a claimant's explanation, she must be considered to have met the burden upon her.

Decision 27136 Full Text of Decision 27136

It is established law that the Commission must first establish that the leaving was voluntary (see CUB 16217). Consequently, the Board errs in law and fails to exercise its jurisdiction where it fails to address the issue of voluntariness prior to considering the issue of just cause.

Decision 26133 Full Text of Decision 26133

The burden is on the Commission to show that the leaving was voluntary. Once this is established the onus shifts to the claimant to demonstrate just cause. The evidence is clear that her employer did nothing to push the claimant out of her job. She quit quite voluntarily.

Decision 24311 Full Text of Decision 24311

The jurisprudence is clear that the onus is on the Commission to establish the leaving was voluntary, that is, that the claimant took the initiative in severing the employer-employee relationship. If that is established, the onus then shifts to the claimant to establish just cause.

Decision 20089 Full Text of Decision 20089

The burden of establishing voluntary leaving rests with the Commission. Only when that is established does the onus shift to the claimant to establish that leaving was with just cause.

Decision 16956 Full Text of Decision 16956

Claimant says the Board did not prove just cause to disqualify him. It is not up to the Board to establish just cause. Rather, where he is found to have left voluntarily, he must establish just cause for so doing or the Commission is obliged to impose adisqualification period.

Decision 16217 Full Text of Decision 16217

The issue is twofold: (1) whether the leaving was voluntary; and (2) whether claimant had just cause in leaving. It is incumbent on the Commission to show that the leaving was voluntary but, once that has been established, the onus shifts to claimant toshow just cause.

Decision 14555 Full Text of Decision 14555

Initially, it is up to CEIC to establish that the worker voluntarily abandoned his job after which it is up to him to demonstrate that he was justified in doing so.

Decision 14056 Full Text of Decision 14056

No obligation for claimant to disprove the Commission's position that she left without just cause. The Board must weigh the evidence for itself and decide what conclusion is appropriate. The Commission's version should not be presumed to be accurate.