Summary of Issue: Good Cause


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
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