Decision 77027
Full Text of Decision 77027
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant voluntarily left his employment without just cause under sections 29 and 30 of the Employment Insurance Act.The Commission determined that the claimant did not have just cause to leave his employment within the meaning of the Act and therefore refused to pay him benefits. The BOR finds as fact that the claimant chose to leave his employment for personal reasons. His wife had been unemployed since April 2010 and moved with their son in early July 2010. The claimant decided that he should accompany his family, therefore, resigned as he couldn’t get a transfer. The appeal by the claimant is dismissed by the Umpire.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
desire to be closer to family members |
|
Decision 76316
Full Text of Decision 76316
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant was given a leave of absence to care for her newborn grandchild. She applied for parental benefits and The Commission determined that the claimant had left her employment without just cause. The claimant was not eligible for parental benefits as she had not proven that a child had been placed with her for the purpose of adoption. The claimant’s grandchildren were placed with the claimant and her husband pursuant to an order of a Justice of the Ontario Court of Justice. The natural parents were given access to the children with supervision. 23.(1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides. The Commission’s position was based on the fact that there was no evidence that the placement of the child with the claimant was for the purpose of adoption. The appeal by the commission is allowed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| parental benefits |
responsability to take care of a child |
|
|
Decision 74458
Full Text of Decision 74458
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The Commission denied benefits since it was of the view that the claimant did not demonstrate just cause for leaving his employment. According to the Commission the claimant concealed the fact that he had worked and received income while he was receiving benefits and therefore imposed a penalty and a notice of violation was issued. The claimant states he was under great stress due to the domestic situation and the deteriorating relationship with his wife and still relied on her to make his reports. The claimant has provided no medical evidence as to the effect the domestic situation had affected his ability to accurately complete his application for benefits on March 4, 2009. There is no justification for his not declaring his employment with X from February 2008 to December 2008. The Board does not find the claimant had just cause for voluntarily leaving his employment because he has failed to show he had no reasonable alternative to leaving when he did. The appeal by the claimant before the Umpire is dismissed.
Decision A0054.09
Full Text of Decision A0054.09
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The FCA determined that the Umpire had erred in law in concluding that the claimant had just cause when he voluntarily left his employment to accompany his wife to India to seek treatment for infertility. Given that the condition being treated is not a threat to life or health and that no evidence was adduced to show that no alternate treatment was available in Montréal, the FCA determined that the claimant's decision did not meet the test of paragraph 29(c)(v) of the EIA nor was it just cause within the meaning of section 30 of the EIA.
Decision 70203
Full Text of Decision 70203
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant left his employment because his son had been accepted at the University of Windsor, Ontario and the claimant and his wife decided to move from Alberta to Ontario to be with their son. They felt that they could not leave their son, who had just turned 18 years of age and he had never been away from home, move alone to a new location. In regard to the main reason given by the claimant constitutes a personal reason and this decision cannot be described as resulting from an obligation to accompany a spouse or dependent child to another residence pursuant to paragraph 29(c)(ii) of the Act.
Decision 69243
Full Text of Decision 69243
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
The claimant quit his job in Vancouver in early April with the intention of moving back to Toronto to be re-united with his wife and child after a three year separation. He remained in Vancouver to be with his ailing mother who passed away in late May. The disqualification for voluntary leaving without just cause and the disentitlement for non-availability were upheld by the Umpire.
Decision 55217
Full Text of Decision 55217
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant's starting working hour changed from 9:00 a.m. to 8:00 a.m. Quit her job in July saying that she would have had to quit her employment at the start of the school year to care for her children as there was no one to supervise them until 8:45 a.m. when they were going to school. Found that claimant had not made a suitable effort to work out a temporary solution with her employer and that there was no urgency as the start of the school year was still not imminent.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
change |
|
| voluntarily leaving employment |
just cause |
hasty leaving |
|
Decision 55116
Full Text of Decision 55116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
After her 18 year old son had served his community sentence, claimant elected to move from Winnipeg to Vancouver in order that he not associate with undesirable friends. The Commission found that she voluntarily left her employment without just cause. Held by Umpire that, absent any effort at finding employment before leaving or deliberating on alternatives such as taking a leave of absence, the claimant had made a personal choice that did not constitute just cause under the Act.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 43465
Full Text of Decision 43465
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Quit his job on a mobile oil rig to live closer to his family. His working schedule entailed working for 3 weeks and a week off. It was to hard on the family, therefore, he had no reasonable alternatives than to quit his job. Umpire doesn't accept that he did not seek employment closer to home before quitting. His working schedule allowed it. Claimant being at home for a week every three weeks, it would have been possible for him to search for a job. Under the circumstances, he did not have just cause to leave his job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 38050
Full Text of Decision 38050
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit to be near her son . Because he lived at a distance from Winnipeg she could only fulfil her role as a mother sharing custody by moving to or near the place where her son made his home with his father. BOR erred in law by ignoring claimant's family circumstances and in not finding that, having regard to all the circumstances, she had just cause to leave her job.
Decision 36393
Full Text of Decision 36393
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Quit for family reasons. It was found that she should have looked for another job before leaving. Personal circumstances have to be particularly urgent before leaving the employment can be accepted as the only reasonable alternative.
Decision 25120
Full Text of Decision 25120
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
I am very sympathetic to the claimant since she seems to have been exposed to more than her share of life's difficulties and she is certainly to be commended for all her efforts to turn her life around. This, however, begs the question as to whether she left her job without just cause under 28(4).
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
reasonable circumstance as prescribed |
|
Decision 21793
Full Text of Decision 21793
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
I agree with the Commission as well as the Board that the family conditions imposed upon any beneficiary are not of a nature such that they justify a beneficiary's quitting a job. The rule may seem drastic but jurisprudence is constant on this point.
Decision 20076
Full Text of Decision 20076
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Good personal reasons for voluntarily quitting one's employment are not synonymous with "just cause" unless those personal reasons constitute something in the nature of an obligation to do something according to recognizable and acceptable community standards.
Decision 18936
Full Text of Decision 18936
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Faced with a custody action for his children, he was advised by his lawyer to be available for court proceedings at short notice. Time off not guaranteed by employer due to type and location of work. This is good cause but not just cause. Disqualification reduced to 1 week.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
garnishment or prosecution |
|
Decision 18508
Full Text of Decision 18508
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Single mother of a sickly 2-year-old child whose working hours from 8:00 a.m. to 5:00 p.m. required her to be away from home from 7:00 a.m. to 6:30 p.m. Letter from doctor on file. Her reasons, although personal, were of the highest order. Minimum disqualification of 1 week.
Decision 17921
Full Text of Decision 17921
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit in order to move to another location to follow partner. The Board reduced the disqualification period from 6 to 3 weeks. No error on the part of the Board.
Decision 17643
Full Text of Decision 17643
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
She explained to the Board the family problems that lead her to move. From a human point of view, it is easy to understand that someone must sometimes change environment for personal reasons. Normal to have sympathy but not a justification. Reason not connected to job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
courses |
pattern study-work as requirement |
|
Decision 17523
Full Text of Decision 17523
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Marriage broken down and difficult personal situation, so she leaves Toronto to be with family in London. No error by Board in finding this was not just cause. Marital difficulties constitute compelling personal reasons. Disqualification reduced from 4 to 2 weeks.
Decision 16450
Full Text of Decision 16450
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Hairdresser in Calgary who, after 3 years, leaves to be near sister in Ontario. He was forced by a family decision that he and his sister would live with their parents who had just arrived from Romania. The disqualification reduced to 2 weeks by Board cannot be further reduced.
Decision 15860
Full Text of Decision 15860
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant disqualified for 6 weeks. He left his employment to move where his fiancee was working as a teacher. There is no doubt that this is not sufficient reason to leave one's employment.
Decision 14834
Full Text of Decision 14834
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Left employment in Toronto to attend to legal matters in B.C. on brother's request. Under considerable stress due to parents' divorce and mother's tragic death a few years before. Disqualification reduced from 4 to 2 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
absences from home |
personal reasons |
|
Decision 14748
Full Text of Decision 14748
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant is a single parent of a 3-year old child. Her mother could not look after child from 30-5 to 15-6. What was claimant supposed to do? I am satisfied that if one must leave for this on a temporary basis, there is just cause. 2-week disqualification removed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
incompatible situations |
family obligations |
|
Decision 14190
Full Text of Decision 14190
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Left Sept-Iles to go and work in Montreal and live with natural mother. Reduction in hours, disagreement with mother. Returned to adoptive parents. 3 week disqualification reduced to 1.
Decision 14116
Full Text of Decision 14116
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant had a number of personal problems: tenant left, court actions, mother sick, making it desirable to return temporarily to B.C. from Ontario but this does not constitute just cause. Even pressing personal reasons do not suffice. 2-week disqualification upheld.
Decision 13926
Full Text of Decision 13926
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Required by new manager to work every third Sunday. Objected due to strong family commitments. No attempt for replacement or to secure other work. Compelling personal reasons such that disqualification is reduced to 3 weeks.
Decision 13089
Full Text of Decision 13089
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Wanted to care for child she had just had; left part-time employment; not just cause; however, not so reprehensible as to warrant 6 weeks disqualification, rather 3 weeks.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| availability for work |
restrictions |
part-time work |
|
Decision 12856
Full Text of Decision 12856
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant and wife moving to B.C. as no one to take care of wife's father. Strict necessity to move obscure. Why father could not move to Ontario instead. UI risk not to aid distant ailing parent and moving for that purpose. 6-week disqualification upheld.
Decision 12672
Full Text of Decision 12672
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant quit because hours of work left her with little or no time for her children. They had learning problems and were suffering in consequence. Acted as a reasonably prudent mother.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
weight of statements |
clarification |
|
Decision 12126
Full Text of Decision 12126
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Where people leave work for important personal reasons, the issue is not the right to stop working, but rather the right to stop working and still collect UI benefits.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
length |
|
| basic concepts |
disqualification |
minimum |
|
Decision 11652
Full Text of Decision 11652
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Possible that such reasons (separation from family by distance of 115 km.) is just cause; in general will not be sufficient. Must present real obligation, recognized by community, that cannot be discharged without leaving.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
voluntary leaving defined |
|
| voluntarily leaving employment |
working conditions |
unsatisfactory |
|
Decision 11606
Full Text of Decision 11606
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
Claimant merely wanted to be at home with his wife and daughter while his daughter was teething. This was a purely personal and voluntary reason and not just cause.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Decision A-0421.83
Full Text of Decision A-0421.83
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
family considerations |
|
Summary:
According to the Umpire, the board had no choice but to uphold the 6 week disqualification. The fact that she did not want to work in the same place following a lovers' quarrel did not justify quitting. Upheld in FC without comment.
