Decision A-0277.98
Full Text of Decision A-0277.98
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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proof |
charter |
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Decision 36862
Full Text of Decision 36862
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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proof |
weight of statements |
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board of referees |
errors in law |
burden of proof |
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Decision 27407
Full Text of Decision 27407
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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voluntarily leaving employment |
applicability |
voluntary leaving defined |
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Decision 26133
Full Text of Decision 26133
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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misconduct |
alcohol, drugs and gambling |
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voluntarily leaving employment |
personal reasons |
gambling addiction |
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Decision 24311
Full Text of Decision 24311
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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voluntarily leaving employment |
applicability |
tantamount to leaving |
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Decision 20089
Full Text of Decision 20089
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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voluntarily leaving employment |
working conditions |
change |
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Decision 16956
Full Text of Decision 16956
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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
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voluntarily leaving employment |
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burden of proof |
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Summary:
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
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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voluntarily leaving employment |
working conditions |
change |
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Decision 14056
Full Text of Decision 14056
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voluntarily leaving employment |
legislation |
burden of proof |
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Summary:
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.
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board of referees |
jurisdiction |
independent decision-making |
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