Decision A0437.11
Full Text of Decision A0437.11
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
The applicant applied for benefits and stated that he had left his job working for a geological company for a better job with a different company that never materialized as he had failed a drug test while he was in training for the new job. The Commission denied his claim on the basis that he had voluntarily left his employment without just cause. The claimant asked the Umpire to reconsider his initial decision on the basis of new facts pursuant to section 120 of the EI Act. The FCA found that the claimant had voluntarily left his job without “just cause” and he had no reasonable assurance of employment in the near future when he had quit the job. On the Umpire’s decision refusing to reconsider the initial decision on the basis of new facts, the FCA found that there was no error in the Umpire’s finding.
Decision A0032.12
Full Text of Decision A0032.12
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
The claimant applied for benefits and stated that he had left his job working for a geological company for a better job with a different company that never materialized as he had failed a drug test while he was in training for the new job. The Commission denied his claim on the basis that he had voluntarily left his employment without just cause. The claimant asked the Umpire to reconsider his initial decision on the basis of new facts pursuant to section 120 of the EIA. The FCA found that the claimant had voluntarily left his job without “just cause” and he had no reasonable assurance of employment in the near future when he had quit the job. On the Umpire’s decision refusing to reconsider the initial decision on the basis of new facts, the FCA found that there was no error in the Umpire’s finding. Application for judicial review dismissed.
Decision 74439
Full Text of Decision 74439
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
While receiving EI benefits, the claimant worked for two and a half days and then quit. In his regular reporting to the Commission the claimant failed to mention as required that he had quit. When confronted with his incorrect reporting the claimant indicated having left his employment in the expectation of obtaining a more suitable job that he did not get. The Commission decided that the claimant had failed to demonstrate that he had no reasonable alternative but to leave his employment before securing another job, that he had made a personal choice in leaving the employment he had in order to look for work elsewhere while the possibilities were uncertain, and that therefore he alone should bear the consequence of his decision. Following this finding, the Commission imposed upon the claimant an indefinite disqualification to benefits effective the week of separation from employment. This decision resulted in an overpayment, a subsequent penalty as the claimant had incurred prior violations within the last 5 years, with a notice of violation. The appeal by the claimant is dismissed.
Decision 71123
Full Text of Decision 71123
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
The claimant left his employment with a systems company to accept employment with "police services". He later provided a letter confirming that he had a promise of employment from the "police services". This letter also indicated that the offer of employment was conditional on the claimant completing a course at the "School Training for Police". Unfortunately, the claimant failed a part of his course and his attendance at the program was terminated. He therefore could not obtain the employment he expected to get. It is well established in the jurisprudence that one cannot establish that he has a reasonable assurance of employment in the immediate future if such employment is conditional on the completion of a course (A-249-01 and A-562-04). The appeal is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
courses of study |
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Decision 70741
Full Text of Decision 70741
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
The claimant had to complete a three-month practicum to obtain her teaching degree. She did not have a contract or even the promise of a contract before she quit her job at the store and could not have one before she completed her three-month practicum. She quit her job to complete her practicum in an area where she firmly believed she would obtain a position as a teacher. Relying on the decision in A-249-01, the Umpire stated that to show the assurance of employment in the near future, a claimant has to establish that she had an offer of employment from the new employer and the job she hopes to obtain is not conditional on a training practicum that has not yet been completed or undertaken.
Decision 63067
Full Text of Decision 63067
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
The Umpire concluded that the BOR failed to consider the documentary evidence on file showing that the claimant did not establish she had just cause to leave her employment and failed to show it was the only reasonable alternative in her case. The Board must satisfy itself that there is some objective basis upon which a "reasonable assurance" of another employment in the immediate future existed.
Decision A-0041.02
Full Text of Decision A-0041.02
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Claimant left his job to commence an 8 week training course. Prior to leaving his employment, the claimant made arrangements for alternate employment effective upon completing this training course. The FCA held that to quit one's job to attend school is not considered just cause under the Act and the jurisprudence. Nor was there a "reasonable assurance" of a new job, as defined in the Act, given the conditional nature of the offer.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
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| voluntarily leaving employment |
personal reasons |
courses of study |
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| reconsideration of claim |
errors by Commission |
not a ground of entitlement |
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Decision 42538
Full Text of Decision 42538
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Clmt quit after being assured that employment by the prospective employer seemed "probable". Umpire stated that the word "problable" used by the employer lends support to the claimant's reasonable assurance of another employment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
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Decision 30992A
Full Text of Decision 30992A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Left employment for a job opportunity. Claimant required however to pass a fitness test and an interview but did not succeed. Held that there must be reasonable assurance of his getting employment before leaving one job. The jurisprudence is clear that hopes, even high hopes, are not enough.
Decision 31606
Full Text of Decision 31606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Claimant "felt" he had a specific job; not corroborated by perspective employer. That a claimant felt there was a job for him is not equivalent to a "reasonable assurance". The Board must satisfy itself that there is some objective basis upon which a "reasonable assurance" existed.
Decision 28604
Full Text of Decision 28604
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Had interview with prospective employer in another city. Felt her interview was so successful that she was assured of employment. She terminated her present employment only to be told 2 weeks later that she did not have the job. Held that just cause requires that she had no alternative to leaving.
Decision 26924
Full Text of Decision 26924
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Part-time worker in Toronto. Decided to go to her family home in Calgary to look for full-time work. Was told by the manager that there should be no difficulty finding part-time work with same company in Calgary. As this materialized as predicted, it casts a different complexion on her action.
Decision 21465A
Full Text of Decision 21465A
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| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Possibility of a job mentioned to her in April depending on whether funding was received. In June she signed a contract contingent on funding being received. It was not until September that funding was assured. Not the type of circumstances in which oneis justified leaving assured full-time work.
other summary
| Other Issue(s): |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
part-time |
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Decision 21694
Full Text of Decision 21694
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Was offered work elsewhere at a much higher wage. The CEIC argues that the UI fund should not be expected to bear the cost of one moving from permanent to casual work so as to potentially earn more in the long run. However she did not expect to have to apply for UI when she left.
Decision 18844
Full Text of Decision 18844
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Leaving employment voluntarily merely acting on a report that another job is available, without checking that it is and without an offer of employment in the other job, does not constitute just cause.
Decision 17557
Full Text of Decision 17557
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| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Welder who on 20-12 leaves his job as taxi driver for the last 6 months upon seeing advertisements in paper that 2 firms would need welders in the new year. This materialized 15-2. No evidence he had secured a job before he quit. 2-week disqualificationupheld.
Decision 17550
Full Text of Decision 17550
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Quit to find job in English. Praiseworthy that someone wants to learn 2nd language if person quits job and starts looking for another immediately in that 2nd language; exclusion should be minimal. 2 weeks at most.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
language at work |
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Decision 14702A
Full Text of Decision 14702A
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
She impressed me as credible witness. She stated she fully expected to be engaged immediately. The fact she was in the end hired albeit several weeks later is a factor. She made every effort to become and remain employed. Now working for less than UI. Reasonable decision to quit.
Decision 14649
Full Text of Decision 14649
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Left full-time to work for H & R Block which he understood to be full-time all year round, not merely during income tax return period. Somewhat imprudent in not acquiring a firm confirmation prior to leaving. Disqualification reduced from 3 to 1 week.
Decision 14308
Full Text of Decision 14308
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Claimant left because he had been offered a better paying job with another employer, and in anticipation that he would be called almost immediately. Attended an orientation interview and placed on standby list. Credible evidence of justification for leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
questions to examine |
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| board of referees |
natural justice |
defined |
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| board of referees |
errors in law |
decision incomplete |
various |
Decision 13495
Full Text of Decision 13495
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
Voluntarily leaves employment at $13 per hour to accept $24. Finally refuses the latter employment because he would have received $22 an hour. There is no question he had just cause. The applicable provision is rather s.40.
Decision 13373
Full Text of Decision 13373
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
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Summary:
I am unable to understand why a disqualification was not imposed. The fact that the transition from Canadian teaching to Australian teaching could not happen overnight imposed a cost which need not necessarily be borne by the UI fund.
Decision 12622
Full Text of Decision 12622
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Disqualified 6 weeks. Given the fact that the claimant had only an expectation of employment with Westran, it was open for the Board to conclude that it was not reasonable for him to leave his employment with Barnes Security.
Decision 12225
Full Text of Decision 12225
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Unfortunately the new company postponed the date of the start of his employment. The net result of this was that there was a gap. That was no fault of his. His expectation was that he would move immediately from that job to another.
Decision 11635
Full Text of Decision 11635
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Applied for employment elsewhere to be preceded by short training period. Since she was in embarassing situation, decided to leave before she knew starting date. It then became apparent she had left 2 months two early. 6 week disqualification reduced to 1.
Decision 11453
Full Text of Decision 11453
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Sincerely believed that signing an offer of temporary employment would bind her for the duration of the term, so left to accept permanent employment elsewhere for which arrangements not definite. Did not discuss with present employer. 3-week disqualification proper.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
Decision 11059
Full Text of Decision 11059
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
not definite |
|
Summary:
Claimant had only 4 weeks left on contract, so it was quite natural he would seek other employment. It would have been more prudent for him to know all the details of the new job before leaving but sincerity not questioned. Disqualification reduced to 3weeks.
