Decision 74609
Full Text of Decision 74609
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voluntarily leaving employment |
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Summary:
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
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voluntarily leaving employment |
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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.
other summary
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umpires |
jurisdiction |
request for review |
new facts to BOR, Umpire or Commission |
Decision A-0141.97
Full Text of Decision A-0141.97
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voluntarily leaving employment |
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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.
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board of referees |
errors in law |
misinterpretation of facts |
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Decision 39678
Full Text of Decision 39678
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voluntarily leaving employment |
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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.
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voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 38804
Full Text of Decision 38804
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voluntarily leaving employment |
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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.
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voluntarily leaving employment |
health reasons |
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Decision 36997
Full Text of Decision 36997
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voluntarily leaving employment |
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Summary:
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.
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voluntarily leaving employment |
just cause |
definition |
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voluntarily leaving employment |
applicability |
jail sentence |
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Decision 30187
Full Text of Decision 30187
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voluntarily leaving employment |
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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
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voluntarily leaving employment |
just cause |
obligation to care for family member |
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Decision 22223
Full Text of Decision 22223
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voluntarily leaving employment |
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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
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voluntarily leaving employment |
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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?
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voluntarily leaving employment |
relations at work |
foul language |
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voluntarily leaving employment |
working conditions |
unsatisfactory |
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voluntarily leaving employment |
just cause |
definition |
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Decision 17373
Full Text of Decision 17373
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voluntarily leaving employment |
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Summary:
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
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voluntarily leaving employment |
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Summary:
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.
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board of referees |
errors in law |
not applying jurisprudence |
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board of referees |
jurisdiction |
reason for existence of boards |
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Decision 15896
Full Text of Decision 15896
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voluntarily leaving employment |
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Summary:
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.
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voluntarily leaving employment |
applicability |
ultimatum |
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board of referees |
errors in law |
decision incomplete |
various |
Decision 14251A
Full Text of Decision 14251A
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voluntarily leaving employment |
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Summary:
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.
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voluntarily leaving employment |
applicability |
ultimatum |
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board of referees |
errors in law |
decision incomplete |
various |
Decision 15062
Full Text of Decision 15062
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voluntarily leaving employment |
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Summary:
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.
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voluntarily leaving employment |
working conditions |
dangerous |
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Decision 14308
Full Text of Decision 14308
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voluntarily leaving employment |
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Summary:
The Board looked only to the voluntary leaving and failed to address the question of just cause. That failure constituted an error in law.
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board of referees |
natural justice |
defined |
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voluntarily leaving employment |
new employment |
not definite |
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board of referees |
errors in law |
decision incomplete |
various |
Decision 12122
Full Text of Decision 12122
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voluntarily leaving employment |
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Summary:
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.