Summary of Issue: Personal Qualifications

Decision A-0126.03 Full Text of Decision A-0126.03

The claimant was disqualified for taking an unpaid leave having lost his driver's license which was required in his job. The Court determined that the fact that the claimant had asked for modified duties was irrelevant. The cause of the leave was the loss of the driver's license because of drinking and driving and the Court found that the claimant did not have just cause for taking the leave.

Decision 56270 Full Text of Decision 56270

Refer to summary indexed under FCA A-0126.03

Decision 52596 Full Text of Decision 52596

Claimant was under a court order to make family maintenance payments and payments fell into arrears. As a consequence, claimant's license to drive a motor vehicle was suspended. Being a truck driver and no other job being available at his workplace, claimant quit his job. Umpire found that although claimants says he had to quit, the problem he created wilfully amounts to misconduct and his job had to be terminated. Both circumstances are dealt with together in the statute and the BOR made no reviewable error.

Decision 25599 Full Text of Decision 25599

It may very well be that claimant was qualified to do other work and that she was over-qualified for what she was doing. She nonetheless could have sought employment while still employed and then made a transition without being a burden to the public purse. UI is for those who cannot find work.

Decision 25018 Full Text of Decision 25018

Even if leaving was a sensible personal decision for claimant (seek work in line with her qualifications), this is not the type of situation where a claimant is entitled to require third parties (UI contributors and taxpayers) to pay benefits. A claimant must bear the financial risk of doing so.

Decision 21671 Full Text of Decision 21671

Highly trained medical scientist. Worked for 6 years towards a doctorate degree. He was unable to obtain it in Montreal. Took a job as bartender to save money. Then moved back to B.C. to continue studies. Held that he cannot place the burden of his education on UI.

Decision 21637 Full Text of Decision 21637

Returned to his employment after completing course but was not being given the work he was trained for. It is understandable that he wanted to do more complicated work for which he was trained, but that is not a justification for substituting an UI cheque for a pay cheque.

Decision 20435 Full Text of Decision 20435

Although possibly overqualified for the work, no evidence that conditions were so intolerable as to justify leaving without first obtaining other work. A prudent person would have continued in less than perfect employment rather than face long-term unemployment.

Decision 16192 Full Text of Decision 16192

Left after 5 days. Alleges she did not have sufficient training causing her to be uncomfortable or under stress in dealing with customers. This may be a reason but only if another job immediately available. Did not discuss with supervisor. 3-week disqualification not excessive.

Decision 12058 Full Text of Decision 12058

Just cause for leaving if lack of qualifications presents danger; case turns on facts.

Decision 11651 Full Text of Decision 11651

Employed with quadriplegics. Left after 5 months. The fact that the employment which claimant did accept was not that for which he was trained does not give rise to just cause.