Decision 76279
Full Text of Decision 76279
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
The claimant, who had been in sanitation with the company for a period of time was moved from sanitation to night packaging. These duties were different because he had to switch to a different department. He stated that both the salary and the hours were less and he felt he would get a decrease of $2.00 per hour, but in fact, it was $1.25. The claimant lost his job because he was bumped from it by another employee under the collective agreement. Night packaging was his only alternative, even though he was not trained in that department. The claimant did not try his new position; he was annoyed and decided to quit. The appeal by the claimant is dismissed.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in duties |
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Decision 54992
Full Text of Decision 54992
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Decision 52654
Full Text of Decision 52654
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in 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 |
working conditions |
salary |
|
Decision 41132
Full Text of Decision 41132
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Act does not require that it be an emergency situation that leads to separation from employment as a result of significant changes in working conditions, but that the changes be significant and that, in the circumstances, leaving be the only reasonable alternative.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
legislation |
rationale |
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| voluntarily leaving employment |
working conditions |
change |
|
| board of referees |
rules of construction |
legal presumption |
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Decision 41556
Full Text of Decision 41556
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Claimant was a part time cashier for two years. She had two children; one with a learning disability for which she received a subsidy. The new supervisor cut her hrs from 25 to 10 hrs/week. Claimant lost the subsidy because she needed 25 hrs to qualify and quit her job. Umpire concluded that while there was no guarantee of her particular hours, a pattern had been established whereby the claimant was given sufficient hours to permit her to receive the subsidy relating to her disabled child. Umpire found that this falls within the meaning of the Act being a significant modification of terms and conditions respecting wages or salary.
Decision 41323
Full Text of Decision 41323
summary
| Issue: |
Sub-Issue 1: |
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| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Claimant worked regularly but after a plant closed this displaced 55 full time employees and more were added to the part time list. As a result of this, claimant was at the low end of the part-time list and while she was getting some hours it was not a lot. Umpire concluded that this was a case where " significant modification of terms and conditions respecting wages or salary" might well apply, there is no doubt that her future remuneration would be significantly reduced.
Decision 40581
Full Text of Decision 40581
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Quit her job because she had difficulty working with the supervisor on the night shift. The manager offered her a transfer to the day shift but the day shift provided only a part time work which reduced her hours and earnings. Umpire concluded that the part time work to which claimant was relegated significantly modified the terms and conditions of her employment and having regard to the problem she encountered on the night shift claimant had no reasonable alternative other than to leave her job.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
antagonistic relations |
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| voluntarily leaving employment |
just cause |
no reasonable alternative |
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Decision 39975
Full Text of Decision 39975
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Claimant quit his job because upon his return to work following an accident the employer offered him lighter work with lower wages until he was able to return to his regular duties. The Umpire ruled that while the circumstances of this case may have provided a reason for quitting, they did not constitute just cause for leaving secure employment.
Decision 39559
Full Text of Decision 39559
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
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| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Umpire concluded that a change from a supervisor on a full-time basis to a part-time job is a drastic decrease in his status and in his salary particularly and this matter is covered by section28(4)(g). Under the circumstances, he had a right to quit his job voluntarily with just cause.
Decision 39547
Full Text of Decision 39547
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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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 |
working conditions |
salary |
|
Decision 38479
Full Text of Decision 38479
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
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.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
working conditions |
hours |
|
Decision A-0868.96
Full Text of Decision A-0868.96
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in 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 |
working conditions |
salary |
|
Decision 37662
Full Text of Decision 37662
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Claimant quit because of a reduction wage of 24.8%. Umpire concluded that 24.8% was a significant modification of his wages and he had just cause to leave his job. The word "significant" in the context of subsection 28(4)(g) means "noteworthy, of considerable amount of effect or importance, not insignificant or negligible".
Decision 36030
Full Text of Decision 36030
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Claimant had a reduction in wages from $15 to $10.75 per hour. Going from a pattern over 18 years of 30 hrs/week to 24 hrs is in itself a significant modification of terms and conditions respecting wages or salary. The BOR erred in law in failing to apply par.28(4)(g) of the Act.
Decision 30900
Full Text of Decision 30900
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Hours of work changed from 40 to 16 hours/week after claimant had advised that she planned to quit to return to school. Employer hired replacement; hours changed to two nights. Only reason for the change in hours of work was as a result of the employer's need to take steps to replace the claimant.
Decision 25209
Full Text of Decision 25209
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Refer to: A-0517.94
Decision A-0517.94
Full Text of Decision A-0517.94
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
The change in employment status from full-time to part-time (37 to 27 hours), i.e. hours of work reduced by almost 30% with reduced number not guaranteed, constituted a significant modification of terms and conditions respecting wages or salary within 28(4)(g). Concurred in by the FC.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
reduction in hours |
|
Decision 28295
Full Text of Decision 28295
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Managers who left when the store was taken over by another company. Reasons: an increase in the work-week from 44 to 52 hours, an expectation that they would work 12 hour-days, loss of yearly bonuses, etc. The Board referred to 28(4)(g) and did not err in law. Also a constructive dismissal.
Decision 27933
Full Text of Decision 27933
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
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Summary:
Along with all employees, claimant accepted the rate reduction and continued to work for another 16 months. Continuing to work for a period of 16 months after a wage reduction cannot be said to be significant modification of terms and conditions respecting wages and salary.
Decision 27920
Full Text of Decision 27920
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Employed by Sears for 20 years. Reduction in working hours from 20 to 30 a week, to 8 to 10 a week in last 18 months. Unilateral decision by employer. The Board erred in law in failing to address the issue of the change in working conditions as a significant change in the terms of her employment.
Decision 26788
Full Text of Decision 26788
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
A reduction in pay from $12.50 per hour to $12.00 per hour does not amount to a significant modification of terms and conditions respecting wages or salary. Likewise, work in general carpentry, as opposed to trim carpentry, is not a significant change in work duties.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
new employment |
delay between two jobs |
|
Decision 26627
Full Text of Decision 26627
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Employee paid $5.50 per hour. Quotes para. 28(4)(g). I consider that the reduction of hours of employment from 30 hours to 12 hours per week is a significant modification of terms and conditions respecting his wages and the Act then allows voluntary separation.
other summary
| Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
applicability |
employment |
non insurable |
Decision 24713
Full Text of Decision 24713
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
It is argued that reduced hours did not amount under 28(4) to no reasonable alternative but to immediately leave. To find that the work was unsuitable due to shortened hours which certainly made it unsatisfactory would be a precedent applying to many cases of part-time work. Error in law by Board.
Decision 24091
Full Text of Decision 24091
summary
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| voluntarily leaving employment |
just cause |
significant change in salary |
|
Summary:
Claimant has not established that she comes within the exception of para. 28(4)(g) of the Act "significant modifications of terms and conditions respecting wages or salary" which I do not believe can apply to modifications of hours for one week only.
