Summary of Issue: Desire To Have A Child

Decision 71627A Full Text of Decision 71627A

The claimant and his wife were married since year 2000. They had not been able to conceive a child. They had been examined in a Montreal hospital and in-vitro treatment was attempted unsuccessfully on two occasions. The claimant left his employment to travel to the other country with his wife for the infertility treatment. The Commission took the position that the claimant's reason for leaving his employment was of a personal nature and that leaving was not the only reasonable alternative in the his situation. The Commission denied the claimant's claim. In light of the Judgment and Reasons for Judgment rendered by the Federal Court of Appeal on September 25, 2009, the claimant may have had good cause for voluntarily leaving his employment, his reasons did not constitute just cause within the meaning of the legislation. The indefinite disqualification from benefits imposed by the Commission effective March 2, 2008 was therefore appropriate. The claimant's appeal is dismissed.

Decision 71312 Full Text of Decision 71312

The claimant commenced her employment with the Bank on April 30, 2007. During the month of June, 2007, the claimant, being pregnant, suffered a miscarriage. It appears, therefore, that she was pregnant when she accepted employment with the Bank. She explained that both she and her husband had reached the age of 42 years and they were anxious to have a child. She decided that she should quit her job on August 8, 2007, to be relieved of work place stress in order "to have a good recovery" and then return to work after a successful birth. She was not pregnant when she left her job with the Bank. The appeal is dismissed.