Summary of Issue: Questions To Examine

Decision 74609 Full Text of Decision 74609

The issue in the present appeal is whether or not the claimant had just cause for voluntarily leaving his employment. The employer now appeals to the Umpire alleging the Board made an error of law. There is no doubt in this case that the claimant left voluntarily to take the job with the new truck owner and the Board finds this as a fact. In the case at hand both the claimant and the employer agree that the claimant did have other employment before quitting the job. He went beyond reasonable assurance and did exactly what the Act required of him. He did what a reasonable man would do. The appeal by the Employer is dismissed by the Umpire.

Decision A-0012.02 Full Text of Decision A-0012.02

The Commission disqualified the claimant on the grounds that he had not demonstrated just cause for voluntarily leaving his employment. The Court determined that the question of whether the claimant voluntarily left his employment without just cause was one of facts and could find no error in the conclusion of the Umpire.

Decision A-0141.97 Full Text of Decision A-0141.97

Quit her job after refusing two alternatives as neither allowed her to work full time during the day. Umpire found that just cause was implicitly considered by the BOR when it found that the employer had in good faith made reasonable offers of job to the claimant. FCA disagreed with the Umpire's conclusion finding that the BOR did not fully consider whether the claimant had just cause for leaving her employment. By focusing almost exclusively on the issue of whether the employer's re-organization of its business was done in good faith, the BOR failed to have proper regard for the statutory test for just cause as it found in subsection 28(4) of the Act.

Decision 39678 Full Text of Decision 39678

Subsection 28(4) exempts claimants from the strict enforcement of 28(1) if they can show that they had no reasonable alternative to leaving the employment. Work that constitutes a danger to health or safety is a valid exemption. However, everything must be examined in context and this must be the only reasonable alternative in their case. This evidence must be objective, unemotional and not subjective; there must be an objective conclusion based on actual unapprehended facts.

Decision 38804 Full Text of Decision 38804

According to case law, in order for a claimant to prove that there was just cause for leaving one's employment for medical reasons, three conditions must be met: 1) claimant must provide medical evidence to substantiate the claim, and this evidence should indicate that the claimant was obliged to leave work due to the medical condition; 2) claimant must demonstrate that he or she had attempted to reach an agreement with the employer to accomodate health concerns; and 3) must prove that he or she attempted to find alternative employment prior to leaving.

Decision 36997 Full Text of Decision 36997

Board erred, by employing the wrong context for determining "just cause". The Board did by improperly substituing an anlysis of whether the claimant was justified in not contacting his employer, rather than considering whether, in the circumstances, the claimant had "just cause" in leaving his employment, pursuant to s.28 of the Act.

Decision 30187 Full Text of Decision 30187

There are two parts to s.28(4). One, if the claimant can bring himself or herself within any of the subsections (a) to (n) then he or she has shown just cause. If not, then has he or she shown that there was no reasonable alternative to immediately leaving the employment? Approach found unacceptable

Decision 22223 Full Text of Decision 22223

There are two difficulties with the Board's decision. The first is that a significant issue is not dealt with: whether the claimant voluntarily left his employment or whether he was dismissed (fired). The issue of just cause only arises if the claimant voluntarily left his employment. The distinction between a voluntarily leaving and a dismissal is very significant. In the case of a voluntary leaving, the claimant is required to prove that he had just cause for quitting. In the case of a dismissal, the burden of proof of misconduct is on the Commission, or the employer.

Decision 21681 Full Text of Decision 21681

Factors to examine: Was claimant's action taken spontaneously? Did he make any attempt to obtain redress? Did he give himself or his employer time to work out differences? Did he seek alternate employment? Were his grievances of his own making or purelysubjective?

Decision 17373 Full Text of Decision 17373

The Board of Referees had to decide (1) whether the claimant had voluntarily left the job; (2) if so, was he justified in doing so; (3) if not, should the disqualification period imposed by CEIC remain unchanged.

Decision 16824 Full Text of Decision 16824

It is the function of the Board to determine whether the separation was voluntary and if so, whether claimant acted with just cause. If voluntary and without just cause, the Board must consider whether the period of disqualification is appropriate.

Decision 15896 Full Text of Decision 15896

After having reached the conclusion that this constitues voluntary termination, the Council had to examine the reasons why the insured took this course of action. Failure to do so constitues an error in law. The Board must examine this aspect and reach a decision.

Decision 14251A Full Text of Decision 14251A

The Board reduced the disqualification to 3 weeks but the issues of misconduct or voluntarily leaving were not addressed at all by the Board and that constitutes an error of law.

Decision 15062 Full Text of Decision 15062

2 main points: whether there was voluntary termination of employment, and if so, whether there was justification. If the answer to the latter question is negative, the period of disentitlement must be established. In this case, the Board reduced disentitlement without even first considering whether the termination was justified.

Decision 14308 Full Text of Decision 14308

The Board looked only to the voluntary leaving and failed to address the question of just cause. That failure constituted an error in law.

Decision 12122 Full Text of Decision 12122

Two issues exist in relation to voluntary leaving: first, was there a voluntary separation from employment by the employee and if so, was there just cause for it.