Decision 72284
Full Text of Decision 72284
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
The claimant was asked if her pay at a daycare centre could be changed from being paid on Wednesday to being paid on Thursday. The employer indicated she left without notice or explanation. The employer agreed that the pay period was changed to a bi-weekly pay period instead of weekly and the employees were notified well in advance. The employer confirmed that the claimant was only partially paid on Wednesday. She received the funding from the Family Community Services and the money was only going to be available on Thursday. She paid the claimant what she could and gave her the rest on Friday. The appeal of the Commission is allowed.
Decision 52654
Full Text of Decision 52654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Claimant's employment, which paid $9.36 per hour plus a shift premium of $0.85 for night shifts, was cancelled. He was offered a new position at $8.84 (this constituted a reduction of 6%) and he refused it. Disqualified for having left his job without just cause. The BOR concluded that a reduction of 6% was a significant change in the working conditions. The Umpire, relying on CUBs 35206 and 39547, found that the BOR had erred in law in its finding.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 51838
Full Text of Decision 51838
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant was working 20 hours per week and earning $6/hr. Being unable to provide for his family, claimant quit his job in Newfoundland to look for work in B.C. to seek a better job with higher wages. Held that his decision may have been reasonable but was not justified under the Act. The fact is that while he was working, even only making $6/hr for 20 hours per week, he was making $120 whereas now he is making nothing.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
other employment |
|
Decision 49475
Full Text of Decision 49475
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant quit her job in Newfoundland because she was only making the minimum wage and she had been offered a free ride to Alberta to improve herself. BOR allowed the appeal on the basis that leaving a minimum wage job to seek a better paying position was just cause for quitting. Error in law by the BOR stated the Umpire. While it is understandable, it does not give the claimant the right to employment insurance benefits. In order to leave one's job for just cause one must show that there is no reasonable alternative to quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 39547
Full Text of Decision 39547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Claimant left his employment after a reduction in salary of just over 30%. Umpire ruled that if the claimant had remained in his old job with reduced income, he would at least have had a job and would have been able to take the necessary time to find other insurable employment. He preferred to receive UI benefits, which gave him less income, even with a reduced salary. Umpire found that this solution was not reasonable, and even more obviously was not the reasonable solution as defined by the legislation.
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 |
just cause |
significant change in salary |
|
Decision A-0868.96
Full Text of Decision A-0868.96
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Umpire decided that the departure was not justified since the decrease in pay was not unilateral, but instead had been negotiated by the employer and the union. FCA confirmed that the consent of the bargaining agent was an important factor in considering justification within the meaning of par. 28(4)(g), but it was not the deciding factor. Therefore, the Umpire’s intervention was not justified since the BOR had taken into account all the circumstances and found that the claimant was justified in leaving because of the decrease in pay.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Decision 35323
Full Text of Decision 35323
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Claimant's salary reduced by $4.01/hr. Held that in these economic times, changes in duties, a lesser or frozen salary do not constitute situations where a reasonable person would consider he had not reasonable alternative but to quit his employment.
Decision 23866
Full Text of Decision 23866
summary
| Issue: |
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| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Refer to: A-0050.94
Decision A-0050.94
Full Text of Decision A-0050.94
summary
| Issue: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
The Umpire erred in law. The alleged income insufficiency does not constitute just cause. The fact that the claimant considers the job to be insufficiently remunerative cannot as such justify his quitting the job and compel others to support him through unemployment insurance benefits.
Decision 23258
Full Text of Decision 23258
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Leaving employment because one's debt obligations exceed one's income is not the type of circumstance which justifies a person compelling others to bear the burden of that person's unemployment.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
personal reasons |
accommodation |
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Decision 23225
Full Text of Decision 23225
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
One cannot be denied benefits for leaving if the employment yielded such limited income as to make his continued economic existence impossible. He could not, from the remuneration which he was receiving, find or pay for adequate shelter and food in Alberta without the assistance of his parents.
Decision 16135
Full Text of Decision 16135
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Newly hired worker paid less than union rate. Agreement clear on how a dispute was to be settled. The Board correctly applied the law in determining that quitting over wage dissatisfaction did not constitute just cause for voluntarily leaving employmentin this case.
Decision 15930
Full Text of Decision 15930
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Because there were fewer people to do the work than she had been promised when hired, she felt justified in demanding a raise. In her mind she may well have had a reasonable cause to quit but this is not just cause. A 3-week disqualification is proper.
Decision 15563
Full Text of Decision 15563
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
The fact that the employer settled the claimant's legal suit does not retroactively make a pay dispute just cause for terminating employment.
Decision 14840
Full Text of Decision 14840
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
While in general one is not entitled to refuse or quit work because wages are too low, that must be put in the context of an Act which gives one some time to find comparable employment. Part-time work here accepted after 4 weeks' unemployment. Disqualification reduced to 1 week.
Decision 14659
Full Text of Decision 14659
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
While training a new employee, claimant discovered the new employee was being paid same salary as she was. Complained to employer and was denied an increase. The Board upheld the 6-week disqualification. No error.
Decision 12829
Full Text of Decision 12829
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
She made reasonable attempts to secure alternative employment. She was not making enough money to survive so she left and went back with her parents. Not to starve before leaving a job with poor wages and next to no hours of work.
Decision 12805
Full Text of Decision 12805
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Left after 2 days. Flagrant injustice to require one to work for an undisclosed wage. Claimant did not belong to a union. By approaching his employer, he took the only reasonable alternative available. Unable to obtain any answer 2 days in a row.
Decision 12402
Full Text of Decision 12402
summary
| Issue: |
Sub-Issue 1: |
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Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
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Summary:
Referred to job as valet manager at $5.25 an hour. First pay: $4.50 an hour. It would seem the employer used the offer as manager as a means of getting individuals to their office and then telling them they could work as a driver.
Decision 12252
Full Text of Decision 12252
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
That a claimant should be disqualified because he will not be so used [reduction of wages from that originally offered: $4 instead of $6 an hour] by an employer who engages him, but breaks his word, would be offensively against the public interest.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
clear and simple language |
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|
| basic concepts |
disqualification |
length |
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Decision 12183
Full Text of Decision 12183
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
The Board determined, and it is correct in law, that dissatisfaction with current wages is not just cause.
Decision 11938
Full Text of Decision 11938
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
It is also well established that unless a job is completely intolerable an employee should continue in it for at least a reasonable time while he seeks alternative employment rather than quitting and seeking UI instead.
Decision 11842
Full Text of Decision 11842
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Here we have one who had been earning $550 a week. The very next day after his layoff, he accepts work in a local tavern at $3.85 an hour. Work not commensurate with training and experience. Obvious desire to work. Left after 5 hours. Disqualification reduced to 2 days.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| basic concepts |
disqualification |
minimum |
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Decision 11657
Full Text of Decision 11657
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Left due to dissatisfaction with amount being paid and in the absence of any attempt to rectify this with employer, of any attempt to seek other work prior to leaving, and in view of the short trial [6 weeks], just cause not shown. 2-week disqualification was proper.
Decision 10829
Full Text of Decision 10829
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
|
Summary:
Courier paid by delivery; salary fell suddenly from $225 to $131 per week. Unjustified refusal by employer to allow invoices to be checked exceeds simple management right, distorted employer-employee relationship and destroyed climate of trust.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
a requirement |
|
| labour dispute |
regularly engaged |
definition |
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Decision 28803
Full Text of Decision 28803
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
The jurisprudence has consistently held that where an employer does not pay an employee the agreed upon wage, the employee has just cause for leaving, providing of course that the underpayment is not an inadvertent error and that claimant has given the employer an opportunity to amend the situation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
no reasonable alternative |
|
Decision 27908
Full Text of Decision 27908
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
To suggest she had any other alternative is to render an injustice to someone who in good faith believes she is gainfully employed, remains but is not paid or is paid by cheques that cannot be cashed. While she was eventually paid, this was done some 5 months after the events. She had just cause.
Decision 25773
Full Text of Decision 25773
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
Employees need their wages and salary to be paid on time. Paying employees is fundamental in human experience. This is inherently just cause, whether or not expressed in s. 28. Parliament would have to enact that no pay or slow pay are emphatically not just cause for quitting.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
definition |
|
Decision 21854
Full Text of Decision 21854
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
financial difficulties |
Summary:
There can surely be few causes for leaving that more deserve the label "just" than leaving because one's employer is cheating on one's pay packet. To expect one to complain first to the Labour Board is far too stringent a requirement. He did what a reasonable person would do.
Decision 64900
Full Text of Decision 64900
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
salary |
paid late |
Summary:
Claimant quit because her wages were not paid on time - her employer's computer systems had been infected by a virus. The employer corrected the situation within two working days and compensated for the delay by paying the then current week's pay in advance of the regular pay day. The Umpire found that the claimant had the reasonable alternative of being more patient with her employer in the circumstances and allowed the employer's appeal.
