Decision A-0928.96
Full Text of Decision A-0928.96
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Working on call, claimant refused employment on four occasions. Two seven-week disqualifications imposed. Thought that if she accepted a one-day replacement offer, she could lose a long-term replacement position if such an opening should arise. Even though she was informed to the contrary by the employer, claimant continued to refuse one-day replacements. Umpire determined that the employment was suitable and that the claimant was subject to disqualification for each refusal of work without just cause. Claimant's appeal summarily dismissed by the FCA.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
number of disqualifications |
|
|
board of referees |
errors in law |
denial of natural justice |
|
Decision 23944
Full Text of Decision 23944
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Refer to: A-0085.94
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
personal constraints |
after confinement |
|
umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
refusal of work |
suitability |
defined |
|
Decision A-0085.94
Full Text of Decision A-0085.94
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Even if the Umpire had applied the correct paragraph - 27(2)(b) - he could not rely on it, as he did rely on 27(2)(c), to establish that the claimant had good cause for not accepting employment. All the provisions of ss. 27(2) relate to what is suitable employment, not to what is good cause.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
personal constraints |
after confinement |
|
umpires |
grounds of appeal |
natural justice and error in law or in fact |
|
refusal of work |
suitability |
defined |
|
Decision 24913
Full Text of Decision 24913
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The jurisprudence shows that "good cause" means, when given all the circumstances, that claimant acts in a manner in which a reasonable person would normally be expected to act in the circumstances.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
different occupation |
|
|
Decision 22477
Full Text of Decision 22477
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
In CUB 18653, I held it was an error in law for a Board to refer to "just cause" in considering a disqualification under s. 27. The test for "good cause" has been well established by the case law as being what a reasonable and prudent person would have done in similar circumstances.
In light of new ss. 28(4) and of my understanding that "just cause" in s. 28 reflects a more stringent standard than "good cause" in s. 27, the obligation of claimant to care for her children ought to have been considered in assessing whether she had good cause for declining to return to previous job.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
babysitting arrangements |
|
|
refusal of work |
personal constraints |
after confinement |
|
refusal of work |
transportation difficulties |
|
|
board of referees |
errors in law |
meaning of a term |
|
availability for work |
incompatible situations |
family obligations |
|
availability for work |
restrictions |
part-time work |
|
umpires |
jurisdiction |
evidence new |
|
Decision 18413
Full Text of Decision 18413
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The test of good cause, now settled by the jurisprudence, is whether the claimant acted in a manner which a reasonable person would normally be expected to follow in similar circumstances.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
questions to examine |
|
|
refusal of work |
duration of employment |
|
|
refusal of work |
union hiring hall |
|
|
refusal of work |
suitability |
defined |
|
Decision 18243
Full Text of Decision 18243
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Good cause is established if the claimant shows she acted prudently in a manner which a reasonable person in similar circumstances would follow.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
existence of refusal |
|
|
availability for work |
job search |
as a requirement |
|
Decision 18131
Full Text of Decision 18131
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
To establish good cause a claimant must demonstrate that a reasonably prudent person would have thought it justifiable to refuse paid employment even though he had no other job to go to.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
wages or salary |
|
|
Decision 16748
Full Text of Decision 16748
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The test of good cause, now well settled by UI cases (e.g. CUBs 14676, 12232), is whether the claimant acted in a manner which a reasonable person would normally be expected to follow in similar circumstances.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
reasonable period of time |
|
|
refusal of work |
prospect of other work |
|
|
refusal of work |
refusal to apply |
|
|
refusal of work |
wages or salary |
|
|
Decision 16136
Full Text of Decision 16136
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
A question of fact to be determined objectively on the facts of the particular case and the criterion is more than simply a matter of preference or even individual financial circumstance. Good cause exists if claimant acted prudently and in a manner normally expected of a person.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
babysitting arrangements |
|
|
Decision 14676
Full Text of Decision 14676
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Burden to show good cause considerably lightened if shown on balance of probability that employment was unsuitable. Test laid down in CUB 6990: claimant is expected to act prudently in a manner which a person will normally be expected to follow in like circumstances. [p. 7]
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
lack of qualifications |
|
|
Decision 13996
Full Text of Decision 13996
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The issue is not whether the claimant acted in good faith. Good cause is established when he acted prudently and as a reasonable man.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
tools required |
|
|
Decision 13728
Full Text of Decision 13728
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The Board found that the claimant had just cause for refusing the position and reduced the suspension to 3 weeks. The Board erred in law. Having found that the claimant had just cause, it has no jurisdiction to impose any disqualification period.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
board of referees |
errors in law |
meaning of a term |
|
Decision 12951
Full Text of Decision 12951
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
A claimant always has the right to turn down employment because of personal considerations. The assessment of suitability of employment however must be based on objective factors and not on the basis of personal preference.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
wages or salary |
|
|
Decision 12244
Full Text of Decision 12244
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Valid reason is deemed to be established if, in all the circumstances, claimant acted with prudence required of person in such situation.
Decision 12232
Full Text of Decision 12232
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
Good cause is considered to be established if, under all the circumstances, a claimant acts prudently in a manner in which a person would normally be expected to follow in like circumstances.
Good cause is considered to be established if, under all the circumstances, a claimant acts prudently in a manner in which a person would normally be expected to follow in like circumstances. [p._4]
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
availability for work |
restrictions |
part-time work |
employed |
Decision 09629
Full Text of Decision 09629
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The Board erred in law in neglecting the plain meaning of "good cause" and substituting instead a qualified meaning developed by jurisprudence which seemingly equates good cause with whether one acted prudently, this being contrary to intentions of Parliament as expressed.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
course of training |
|
|
Decision A-0800.80
Full Text of Decision A-0800.80
summary
Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
good cause |
|
|
Summary:
The Umpire erred in deciding that the issue was whether claimant acted in good faith. Ss.40(1) uses the words "good cause". A claimant can act in good faith but still not have good cause for his or her action. Case referred back to Umpire.
other summary
Other Issue(s): |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
refusal of work |
questions to examine |
|
|