Summary of Issue: Hours

Decision 73307 Full Text of Decision 73307

Commission alleged that the claimant left his employment without just cause. The claimant had reached an agreement with the employer for a part-time job. The claimant was a student, and the agreement allowed him to continue his studies. However, the employer was unable to comply with the agreement. The claimant was therefore asked to return to his position with a regular schedule. The claimant had to either continue working in a permanent position days and abandon his studies or leave his employment to take the course he had already chosen and intended to continue. The claimant chose to return to school. The claimant was not entitled to benefits after deciding to leave his employment to continue his studies. The commission¿s appeal is allowed.

Decision 71630 Full Text of Decision 71630

The claimant quit her job in order to relocate to another province to better herself because she was not getting enough hours in her province of residence. When the claimant got to the other province she was homesick and unhappy and decided to move back to her province of residence. The claimant had only left for the other province from October 11 to October 24, 2007. The Board of Referees found that the claimant had just cause for leaving her employment because she was assured by her aunt and uncle that she would have no trouble getting a job in the other province. It is clear that the claimant did not have assurance of employment from an employer when she arrived in the other province. The appeal of the Commission is allowed and the decision of the Board set aside.

Decision 70768 Full Text of Decision 70768

Following an extended period of sick leave, the employer met with the claimant to explain to her that there had been restructuring among the clerical staff and that, from that point on, her work schedule would include two evenings per week. Her pay and the number of hours of work remained the same. The claimant considered this change to be a demotion after 20 years of service and decided not to return to work. Her doctor did not advise her to leave her job, it was her own personal decision. According to the Board of Referees, the claimant failed to show that she had just cause for voluntarily leaving her employment. She should have kept her job while seeking other employment prior to leaving, since she only worked 29 hours per week.

Decision 54992 Full Text of Decision 54992

Claimant argued that a reduction of his working hours from 60 hours and more to 40 hours per week was a significant change in working conditions and that this constituted constructive dismissal. Held by Umpire that the claimant had the alternative of keeping his employment. A prudent person would not have left a job providing a normal number of hours at a salary that was not negligible for no employment at all.

Decision A-0259.01 Full Text of Decision A-0259.01

In 2000, claimant's working hours were reduced from an average of 32 hours a week to 15.5 hours a week. According to employer, claimant had been hired on a part-time basis with hours that could vary from 12 to 30 hours a week. Claimant appealed to the BOR, arguing that he had been constructively dismissed. Claimant failed to appear in person before the BOR and both his appeals at the BOR and at the Umpire were dismissed. The FCA held that the claimant, had he appeared at the BOR to refute evidence, he might have been able to demonstrate that he had just cause for leaving his employment. Request for judicial review dismissed.

Decision A-0811.99 Full Text of Decision A-0811.99

The decision of the BOR, upheld by the Umpire, found that that claimant had voluntarily left his employment, but at the same time, recognized that this departure was the result of a misunderstanding. The FCA decided that neither the BOR nor the Umpire asked whether the claimant had actually left his employment and, if so, whether the termination of employment was voluntary. Case returned to the BOR for re-determination.

Decision 50992 Full Text of Decision 50992

See summary indexed under FCA A-0259.01

Decision 46426 Full Text of Decision 46426

See summary indexed under FCA A-0811.99

Decision 38479 Full Text of Decision 38479

Claimant quit her job because when she returned to work after her maternity leave, the employer offered her reduced hours of work which she found unacceptable. Umpire concluded that a significant reduction in work hours with a consequent loss of income gave the claimant just cause to leave the employment.

Decision 33231 Full Text of Decision 33231

Claimant had an arrangement which stated her shift would end at 4PM. However, she agreed to work until 6:30PM for over a year until her personal situation changed. She wanted her work hours to change back to 4PM and when this could not be accomodated she quit. Just cause not proven.

Decision 27409 Full Text of Decision 27409

I do not agree that being expected to arrive 15 minutes before her shift started was part of her employment for which she was entitled to payment. An employer is entitled to expect that an employee will be ready, willing and able to commence his or her shift without delay when it is to commence.

Decision 27364 Full Text of Decision 27364

Left in 2-92. It is not an accepted practice to leave a position because one disagrees with the reduction of hours, even if the reduction is in excess of 12% of the hours of work. The reduction was the result of economic conditions. It was an arbitrary decision on the part of the claimant to leave.

Decision 20434 Full Text of Decision 20434

The claimant did not act as a reasonable person by leaving employment, even if it was only part-time in nature, without first seeking alternate employment.

Decision 20077 Full Text of Decision 20077

The decided cases are clear: one cannot quit without having another job to go to and then expect to claim UI unless the position left was so intolerable that no reasonable person would think it possible to work there. Did not show that shift work had become that intolerable.

Decision 18679 Full Text of Decision 18679

It seems odd that a claimant would be disqualified for 3 weeks by virtue of quitting part-time work while on UI, earning between $28 and $40 weekly. TANGUAY examined. Indeed she was not really causing others to bear the burden of that unemployment. Terminating part-time employment for reason that travel-distance and monetary considerations essentially negate any benefit from the employment is surely just cause.

Decision 16340 Full Text of Decision 16340

Accepts work after 10 months' unemployment and quits after 1 day. No effort to seek other work before leaving. Dissatisfaction with scheduled hours (alternate Saturdays and evenings) not just cause. Due to apparent misunderstanding at hiring, disqualification reduced to 3 weeks.

Decision 14179 Full Text of Decision 14179

An inconvenient social life resulting from shift work, especially when the employee knew from the start that the job entailed shift work, does not amount to just cause.

Decision 13936 Full Text of Decision 13936

Cashier employed one year day-time. Then refuses some evening shifts and some Sundays. Husband works all night shifts and she has 3 children to care for. Jurisprudence is clear that domestic difficulties are not just cause. Disqualification reduced to 4weeks.

Decision 12080 Full Text of Decision 12080

Recalled for part-time work with former employer but not given enough hours; the fact that he earned less than when employment on a full-time basis was available does not constitute just cause without having another job to go to.

Decision 12021 Full Text of Decision 12021

Promise of full-time schedule not kept; left part-time employment without having found something else; 4 week disqualification reduced to 2.

Decision 11606 Full Text of Decision 11606

While on strike, claimant accepts part-time as security guard and quit 2 weeks later. While his preference was to work 8-hour shifts, his employer was offering him only 12-hour shifts. This amounted to a mere inconvenience. It did not make the employment unsuitable.